MOTI PROMOTERSAppella vs SUDHAKAR VASUDEO JOSHI(DECD.)THROUGH L.RS.

NONE present on behalf of the appellant as also respondent. This was the position even in the past. In as many as on 4 occasions, this Commission has intimated the dates of hearing to the parties vide notices dated 15.9.1999, 5.1.2000, 24.7.2000, 11.12.2000.

SINCE consumer dispute is pending since 1993, initially before the District Forum and since 1999 before this Commission and as the Statute, namely Consumer Protection Act, 1986 mandates that consumer dispute should be thrashed out with expeditious dispatch, that we are proceeding to dispose of the matter on perusal of the material available before us. (For brevitys sake appellants are referred to as Builders and respondents as Flat Purchasers). Builders are the appellants in this appeal who have taken exception to the order dated 6.1.1999 passed by the District Forum Pune holding them deficient in rendering services vis-a-vis flat purchasers in the matter of delivery of possession, etc.

So holding, the Forum has directed to pay sum of Rs. 30,000/- as compensation, Rs. 500/- as cost with interest etc. It is to be stated that the complainant was a tenant of the premises of the old building, which Builder took over for reconstruction of a new house after demolition of the old house.

AS per understanding reached between the parties, flat purchaser was provided with alternative accommodation as a transit accommodation during the transaction. Complainant was allotted with the accommodation, which was not comfortable and was not in good hygienic condition. As per agreement, Builders were to give possession by December 1989 but the possession was handed over at later stage in June 1993. With these grievances, complaint was filed. It is noticed that the District Forum Pune issued its process to the Builders/O.P., who despite receipt of the process, did not respond either by appearance or by filing written statement. Consequently, District Forum proceeded to thrash out the dispute on perusal of the evidence made available by the flat purchaser/complainant and on being satisfied has passed the award. It is to be stated that the case and claim of the complainant remained unchallenged and uncontroverted and District Forum on being satisfied about the merits thereof has made the award.

WE have perused the grounds as has been set out in the memo of appeal by and on behalf of the appellant. However, the Builders have not explained as to why they did not respond to the process of the District Forum in the complaint. It is to be stated that Builders/O.P. were provided an opportunity by the Forum as required under the law, which they have failed to avail of. O.P. are even absent today. WE, therefore, do not find any infirmity in the appeal except there is one point, namely rate of interest awarded @ 18% p.a. appears to be on higher side. In our view, interest @ 12% p.a. will be fair and reasonable and we modify the impugned award to that extent. ORDER Appeal is partially allowed to the extent as under : 1. Award of Rs. 30,000/- by the O.P. to the complainant stands confirmed. 2. Order of cost of Rs. 500/- also stands confirmed. 3. Rate of interest @ 18% p.a. however stands reduced to 12% p.a. 4. As far as this appeal is concerned, no order as to costs. 5. Copies of the order herein to be furnished to the parties.

Appeal partially allowed.