Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Both parties are remaining absent in spite of notice published on the Notice Board as well as on the Internet Board of this Commission. By way of abundant precaution, intimation of today’s date was even given by post through this Commission on 18/11/2011. Under the circumstances, since it is an old matter, we prefer to consider this appeal on merit.
2. This appeal takes an exception to an order dated 10/02/2006 passed in consumer complaint No.238/2003, Mr.Nandkumar Bala Shinde V/s. M/s.Paranjape Construction Company & Ors. passed by District Consumer Disputes Redressal Forum, Mumbai Suburban (‘the Forum’ in short).
3. It is the case of the appellant/complainant that he had booked a flat in proposed housing scheme of respondent No.1/M/s.Paranjape Construction Company. However, said construction could not come up and he could not be allotted a flat and therefore, he filed a consumer complaint. The Forum by partly allowing the complaint, directed the opponents to refund amount of consideration received along with interest and further directed to pay `5,000/- as compensation and `2,000/- as costs. However, not satisfied with the same, org. complainant has preferred this appeal.
4. In the instant case, booking of flat in a private scheme is not in dispute. However, simultaneously, it is brought to the notice that the changes in the planning authorities and submission of changes in layouts as per requirement of these authorities, the scheme could not be completed. Since, allotment was to be made on the priority basis, no allotment could be made in favour of the complainant. There was litigation which fought upto the Supreme Court. Under the circumstances, we find no fault with the impugned order directing to refund consideration paid along with interest. We find appeal is devoid of any substance and hence, holding accordingly pass the following order :-
-: ORDER :-
1. Appeal is not admitted and dismissed accordingly.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 13th December 2011.
