(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal is lying unattended from 2004. The appellant also has not bothered to take circulation for getting first order passed. Therefore, on 04/08/2011, this matter was taken from sine-die list and placed before us for disposal. Intimation of that date was displayed on notice board and published on inyternet of the Commission. On 04/08/2011, on finding that appellant as well as the respondent are absent, we directed office to issue notice informing next date of hearing i.e. 28/09/2011 to both the parties. Accordingly, on 22/09/2011, office issued notices to the parties. On 28/09/2011 i.e. today, the appellant as well as the respondent are absent. Therefore, we are deciding the matter on merit. We perused the impugned order passed by the District Forum, Thane in Consumer Complaint No. 715/2000 decided on 17/03/2003. By allowing the complaint partly, the appellant/original opponent was directed to refund `45,000/- within three months from the date of receipt of the order. The opponent was further directed to pay an interest of `8,280/- and `500/- towards cost of complaint. The forum below also directed to pay an interest @9% p.a. on `45,000/- from 14/11/2000 till realization. Aggrieved by this order, the original opponent/appellant preferred this appeal.
(2) This is a simple case wherein the respondent/original complainant had booked a flat No.7 admeasuring 360 sq.ft. in the building to be built in Survey No.125, Hissa No.1, Katemanawali, Tal.Kalyan, Dist.Thane for `1,60,000/-. Accordingly, on 22/01/1998, agreement to that effect was registered before the Sub-Registrar, Kalyan between the complainant and the opponent. The date of possession of the flat was mentioned in the agreement. But even after paying `45,000/-, the opponent did not give possession on or before 15/03/2000 as per date mentioned in the agreement. The opponent had agreed that in case he failed to give possession in stipulated period, he will return the amount with interest. Thus, relying upon the agreement and affidavit of the complainant, the forum below allowed the complaint partly. The forum below directed the opponent to refund 45,000/- to the complainant with interest `8,280/- and `500/- towards cost of complaint. The forum below also directed him to pay an interest @9% p.a. on `45,000/- from 14/11/2000 till realization. Therefore, we are of the view that the order passed by the forum below is just and proper and sustainable in law. The appeal preferred by the original opponent is devoid of any substance and merit. We hold accordingly and pass the following order:-
ORDsER
(1) Appeal stands dismissed.
(2) No order as to cost.
(3) No order as to costs.
(4) Inform the parties accordingly.
Pronounced on 28th September, 2011.
