Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

     We heard Ms.Rashmi Manne, Advocate, proxy for Mr.U.B. Wavikar, Advocate for the Appellant. 

     This appeal is directed against the order dated 09/07/2010 passed in Consumer Coplaint No.227/2004, Mohanlal N. Jogi & Anr. V/s.Sunit Enterprises & Anr. by District Consumer Disputes Redressal Forum, Addl. Mumbai Suburban.

     Alleging service deficiency on the part of builder for not handing over possession of Flat No.502, Krishna Building No.2, “D” Wing or for not refunding the amount paid, Forum below granted the alternate relief and directed Opposite Parties to pay the amount, as prayed, along with interest @18% per annum.   Being aggrieved thereby the Applicants/Original Opposite Parties preferred this appeal.

     The agreement to purchase flat in question is not in dispute.  Out of total consideration agreed of Rs.17,00,000/-, the flat purchaser had already paid Rs.15,50,000/-.  Further it is also not disputed that the construction could not be completed as per agreement.  In the circumstances, submission made on behalf of Appellants that they are not at fault, cannot be accepted.  Claim what has been awarded is alternate relief to refund consideration @18% per annum.  Considering the totality of the circumstances, we find that interest @18% per annum is just and proper.  Particularly, such interest cannot be faulted with considering the escalation in prices of the flats.  The judicial discretion exercised by the Forum below since cannot be faulted with, we find no reason to take different view than what has been taken by the Forum.  Hence, we hold accordingly and pass the following order:

O  R  D  E  R

     (i)       Appeal stands dismissed in limine.

    (ii)       No order as to costs.