ARUNA DATTATRAYA ITAI vs SUVARNA M.KANSHETTY

WE are proceeding to dispose of this appeal at the stage of its admission itself on hearing the learned Advocate, for the parties as above and on perusal of the material made available in the appeal paper book. (For brevity''s sake appellant is hereinafter referred to as ''O.P.'' and respondent as ''Complainant'').

O.P. is the appellant in this appeal who has taken exception to the order dated 15th March, 2001 whereby District Forum has allowed the claim of the complainant holding the O.P. as deficient in the matter of handing over the possession of plot of land for the purpose of construction of residential house by the complainant. It is noticed that the complainant is an employee of Zillah Parishad, Solapur so also the O.P. and it appears that on inititation of the O.P. proposed Society of the female members of Zillah Parishad Solapur was proposed with a scheme that the Society would acquire a plot of land and then allot plots to its members. The complainant joined the said scheme as a member of proposed Society.

According to the complainant, from time to time, she paid sum of Rs. 22,428/- to the O.P. towards different heads. The particulars of payments have been recorded by the District Forum in its impugned order on Page No. 2.

AS the plot was not made available to the complainant despite discharging her obligations as was agreed that this complaint has been filed. Before the District Forum, O.P. in response to the notice issued by the Forum, appeared and opposed the claim on several grounds such as jurisdiction and complainant not falling under the category of consumer and as such not maintainable before the Consumer Fora as consumer dispute, etc.

DISTRICT Forum examined the rival contentions and did not find various contentions raised by and on behalf of the O.P. as tenable and proceeded to reject the same and has rendered the findings in favour of the complainant. It is noticed that District Forum was satisfied about the claim and case of the complainant. The complainant adduced the evidence showing the payment made by her to the O.P. as also the relevant documents in support thereof. By and large, we find that the order of District Forum, in the circumstances is fair and reasonable, needing no interference except one point, namely rate of interest which the District Forum has awarded @ 18% p.a. on the payment of amount, appears to be on higher side.

IT is to be stated that status of the O.P. is also that of employee of Zillah Parishad and as such Government employee and, therefore, it cannot be said that O.P. is a professional builder as such. IT is unfortunate that the scheme as mooted did not fructify but to saddle the O.P. with interest @ 18% p.a. would be rather harsh one.

IN our view, interest @ 9% will be just, fair and reasonable and it will be in accord with the Section 8 of Maharashtra Flat Ownership Act, 1963. We modify the order accordingly. ORDER 1. Appeal is partially allowed to the extent as under : (i) Findings of the District Forum, O.P. being deficient are upheld. (ii) Order of refund of Rs. 22,428/- by O.P. to the complainant stands confirmed. (iii) Rate of interest @ 18% p.a. as awarded by District Forum on the said amount stands reduced to 9% p.a. (iv) Operative Clause Nos. 3 and 4 of the impugned order stand confirmed. (v) However, as far as this appeal is concerned, no order as to costs. (vi) It is stated that appellant-O.P. has deposited sum of Rs. 10,000/- with District Forum Solapur as per our interim order, we direct the District Forum Solapur to release the said amount to the complainant towards part satisfaction of the award of the District Forum as modified by us in this appeal. (vii) 6 weeks'' time is granted to the O.P. for compliance of remaining part of the order.

Appeal partially allowed.