Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member This appeal takes an exception to the order dated 03/02/2010 passed in consumer complaint No.83/2010 Shri Suresh Gangaram Panmand V/s. M/s.R.N. Builders & Developers by District Consumer Disputes Redressal Forum Raigad (‘Forum below’ in short). Respondent/org. complainant booked a flat with appellant/org. O.P. bearing No.1002 situated on 10th floor and having area of 443 sq.ft. plus terrace of 27 sq.ft. as per agreement dated 23/03/2007. It was agreed to make payment as per stage of construction and accordingly, flat purchaser had paid Rs.4,70,000/- and remaining amount of Rs.30,000/- has agreed to be paid at the time of receiving possession of the flat. Possession was to be given in January 2008. However, possession was not delivered and in reply to the notice, appellant demanded more amounts and also threatened to terminate the agreement. Therefore, consumer complaint came to be filed. Before the Forum below, org. O.P. remained absent in spite of due service and hence, proceeded ex-parte. Considering the material placed before it, the Learned Forum below uphold the complaint and directed the appellant/org. O.P. to hand over possession of the flat and further compensation of Rs.5,000/- and cost of Rs.2,000/- and if possession is not delivered compensation @ Rs.200/- per day. Learned Counsel appearing for the appellant wanted to place before us a submission based upon the facts related to performance of the contract which are not on record. Therefore, we cannot consider the same. Considering the totality of the circumstances and the material placed before us, we find no reason to take a different view than taken by the Forum below. We find the appeal is devoid of any substance and hence, the order :- -: ORDER :- 1. Appeal stands dismissed in limine. 2. No order as to costs. 3. Copies of the order be furnished to the parties. | 
