20.11.2024

ORDER ON ADMISSION

MR. RAVISHANKAR, JUDICIAL MEMBER

                The learned advocate for complainant submits that he had sought for refund of the entire Sale Consideration amount to the tune of Rs.96,86,839/- along with interest @of 18% and also sought for Bank interest paid to the tune of Rs.8,50,150/-,  compensation of Rs.30,00,000/-,  interior modification amount of Rs.8,55,552/- and Rs.10,00,000/- towards cost of the furniture with 18% interest, Rs.15,00,000/- towards Arrears of rental income, Rs.10,00,000/- for Mental agony and an amount of Rs.1,00,000/- towards Legal expenses and submits that the complainant entered into an agreement of sale of the apartment No.C1206, 12^th Floor, Wing C at “Sipani Viveza” in the year 18.06.2022 and Sale deed was also executed on 30.09.2023.  After execution of the sale deed, he was unable to take the possession of the said apartment since the apartment was ceased and the main door lock has been changed without any prior communication.  Therefore, it was not let him to take possession hence sought for refund of the entire consideration amount. 

        2.     Perused the certified copy of the order memorandum of appeal.  After bear reading of the averments, it appears that the allegations made by complainant is Civil in nature.  Further, The sale deed was already executed in favour of Complainant and once the sale deed was executed, the refund of the sale consideration amount is not permissible until and unless sale deed was declared as void.

        3.     This Commission was established for the purpose of adjudicating the Consumer Disputes only.  Here, in this matter the entire allegation does not disclose the Consumer Dispute.  When the complainant sought for refund of the sale consideration amount, they have to approach Civil Court and not before this Commission.  This Consumer Commission has no power of Civil Judges to entertain the present complaint.  As such the complaint is dismissed as not maintainable.  Accordingly,

O R D E R

The Complaint is disposed.No order as to costs.

Forward the free copies of this order to both parties.

(Sunita .C. Bagewadi)                               (Ravishankar)

 Member                                              Judicial Member

ARD*