First Appeal No. A/10/1080. Case: 1. M/S Sunit Enterprises, 2. Shri Haresh Mohanlal Joshi Vs 1. Shri Mohanlal N. Jogi, 2. Shri Mitesh M. Jogi. Maharashtra State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. A/10/1080
CounselFor the Appellants: Ms.Rashmi Manne,Advocate, Proxy for U.B. Wavikar, Advocate
JudgesMr. S.R. Khanzode Presiding Member and Mr. Dhanraj Khamatkar Member
IssueConsumer Law
Judgement DateOctober 11, 2010
CourtMaharashtra State Consumer Disputes Redressal Commission


Shri S.R. Khanzode, 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...

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