(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) Both the parties remained absent in spite of the notice published on notice board of the Commission, the Bar and internet. Beside this, by way of abundant precaution, intimation of today’s date was also sent to both the parties by post on 27/01/2012. We, therefore, prefer to consider this one of the old appeals on its own merit.
(2) This appeal takes an exception to an order dated 24/04/2006 passed in Consumer Complaint No.577/1999, Mrs.Saroj Suresh Lokhande Vs. M/s.Basix Construction Services (P) Ltd. & others, passed by District Consumer Disputes Redressal Forum, Mumbai Suburban District (‘Forum’ in short).
(3) The consumer complaint was filed against the builder. It is a case of the complainant that when she approached the builder for the possession of the flat, the opponent builder failed to provide the same and she found that the builder had already inducted a third person in the flat without her consent and knowledge. She, therefore, filed consumer complaint impleding the subsequent purchaser of the flat in dispute. The forum, dismissed the consumer complaint against the subsequent purchaser and directed the opponent builder to refund consideration of `1,05,000/- along with interest @9% p.a. from 28/11/1991. However, not satisfied with the same, the original complainant preferred this appeal.
(4) When the complainant found that the opponent builder has inducted a third party in the flat in dispute as a subsequent purchaser and since in consumer complaint vis-à-vis consumer dispute balance of equities between the subsequent purchaser and first purchaser cannot be made; the course adopted by the forum on establishing the deficiency on the part of the opponent builder, to direct refund of consideration `1,05,000/- along with interest @9% p.a. from 28/11/1991 cannot be faulted with. There is no reason to take a different view than what is taken by the District Forum. We hold accordingly and pass the following order.
ORDER
(1) Appeal is not admitted and stands rejected accordingly.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 14th February, 2012.
