(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal is unattended since 2004 and placed before us for orders. We directed the office to issue notice to both the parties on 27/07/2011. Notices were issued to the parties concerned on 16/08/2011. However, both the parties are absent on 15/09/2011 i.e. today. Hence, we decided to decide the appeal on merit after perusal of the documents on record. We are finding that there is an application for condonation of delay in filing the appeal. There is delay of 26 days in filing the appeal. The appellant has mentioned the application of condonation of delay that he is resident of Khed and for filing the appeal he had to visit Mumbai and therefore in search of appointment of advocate and other formalities there is delay of 26 days, which is not deliberate. It is not also inordinate delay. The delay should be condoned and appeal should be admitted.
(2) Since the respondent is absent, we allow the Misc.application No.599/04 and condone the delay without any cost. We perused the judgement dated 13/01/2004 passed by the District Forum, Ratnagiri in Consumer Complainat No.111/98. The appeal filed is for limited issue in respect of shop No.4 which was purchased by the complainant from the opponent. The forum below directed the opponent to pay `5,000/- to the complainant as opponent did not execute sale deed in time and directed to pay interest @ 9% p.a. on `1,22,101/- since there was delay of 8 months in giving possession of the said shop premises. The forum below also awarded 5,000/- towards compensation as the opponent delayed in giving separate electric meter to the complainant and further directed to the opponent to pay `10,000/- towards mental torture & compensation and `1,000/- towards cost of proceedings. Aggrieved by this order, the original opponent filed this appeal.
(3) On going through the judgement delivered by the District Forum, Ratnagiri, we are finding that the forum has rightly allowed the complaint and directed the opponent to pay `5,000/- to the complainant as opponent did not execute sale deed in time and to pay interest @ 9% p.a. on the amount `1,22,101/- paid by the complainant for the period of 8 months for delayed possession of the shop. The forum has also awarded `5,000/- towards the delay in giving separate electric meter to the complainant, `5,000/- towards mental agony and `1,000/- towards cost of the proceedings. The forum below rightly directed the opponent to rectify the defects in the shop premises. They were minor defects which were rectified by the opponent. The order passed by the forum below is just and proper and sustainable in law. Hence, the order.
ORDER
(1) Appeal is dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 15th September, 2011.
