First Appeal No. 556 of 2012. Case: C.S. Mathkar Vs Buildarch Sankalp. Maharashtra State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 556 of 2012
CounselFor Appellant: Digambar Thakar, Adv. and For Respondents: S.B. Prabhawalkar, Adv.
JudgesR.C. Chavan, Presiding Member and Narendra Kawde, Member
IssueConsumer Protection Act, 1986 - Section 27
Citation2015 (2) AllMR 99
Judgement DateMonday January 05, 2015
CourtMaharashtra State Consumer Disputes Redressal Commission

Judgment:

R.C. Chavan, Presiding Member

  1. This appeal is directed against the order passed by Consumer Disputes Redressal Forum, Central Mumbai District disposing of Execution Proceedings No. 80/2008. Facts which are material for deciding the appeal are as under:--

    Appellant/original complainant had filed complaint No. 11/2008 before the Central Mumbai District Forum in respect of some deficiencies in service about the flat booked by him. Complaint was allowed by the District Forum in the following terms:--

    (i) The opponent is directed to pay Rs. 19,33,789/- to the complainant as per statement of calculation at Annexure-I to the Written Argument of the complainant.

    (ii) The opponent is directed to pay to the complainant Rs. 50,000/- as compensation towards the mental agony and torture caused to him.

    (iii) The opponent is directed to pay to the complainant Rs. 3,000/- towards the cost of litigation.

    (iv) The opponent is directed to comply with the order within 4 weeks from the receipt of the copy hereof, in default interest @ 18% p.a. shall be applicable instead 9% from the date of default.

  2. Opponent preferred an appeal bearing No. 1396/2008. This appeal was filed on 24/10/2008. When the appeal was filed execution of the impugned order had been stayed. Said appeal was allowed by an order dated 05/11/2009 and impugned order was set aside. The complainant challenged the said order of this Commission by filing Revision Petition No. 34/2010 before the Hon'ble National Commission. Hon'ble National Commission set aside the order of this State Commission and restored the order of District Forum except for payment of compensation of Rs. 50,000/-...

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