R. S. Sanger vs Ravi Developments

IN this appeal, there is challenge to order dated 13.05.2010, passed by Maharashtra State Consumer Disputes Redressal Commission, Mumbai (for short as ''State Commission '').

APPELLANT /complainant filed a consumer complaint against respondent/opposite party in the State Commission praying to refund the price of the flat along with compensation of Rs. 6,90,701/- together with interest @ 18% p.a. and Rs. 30,000/- as exemplary damages from the respondent. Appellant had booked the flat in question with respondent and consideration amount of Rs.5,52,500/- was fixed. As per agreement, possession of the flat was to be handed over to the appellant by 31.12.1997. According to appellant, respondent demanded Rs. 30,785/- from him before giving possession of the flat. However, respondent did not keep its promise to deliver the possession of the flat before agreed date.

IN the written statement filed by the respondent, it was pleaded that flat was ready for possession since 2001 but appellant failed and neglected to take possession of the said flat. Respondent is ready and willing to hand over vacant and peaceful possession of the said flat to the appellant upon payment of Rs. 21,285/-.

STATE Commission partly allowed the complaint and passed the following directions ; " ii) Opposite party is directed to hand over possession of Flat bearing No. B-4/101, admeasuring 481 sq. ft. in Gaurav City to the Complainant after accepting Rs. 21, 285/- from the Complainant within 30 days after receipt of the said order ".

On 13.7.2011, this appeal was admitted and following order was passed ; " Admit. In the meanwhile, the appellant may take possession of the flat in question after completing due formality. As the same is being offered and learned counsel has no objection, if possession is delivered after completion of due formality required under the law. The matter will be listed in due course for final hearing ".

ON 16th April, 2012, both parties agreed before this Commission that after completion of the necessary formalities, possession shall be handed over to the appellants.

ON 27.4.2012, learned counsel for appellants stated before this Commission that respondent has handed over the possession of the flat in question on 23.4.2012. However, counsel for appellants sought time to take instructions as to whether appellants still want to pursue with the appeal or not. On 11.5.2012, as appeal was not withdrawn by the appellants, arguments were heard.

LEARNED counsel for appellants has contended that since there was deficiency in handing over the possession of the flat in question, appellants are entitled to compensation. As such, appeal is maintainable and appropriate order may be passed.

ON the other hand, leaned counsel for respondent contended that since possession of the flat in question has been handed over to the appellants, present appeal does not survive. Admittedly, a sum of Rs.21,285/- was due towards the appellants and they have already deposited this amount with respondent. Further, respondent has already handed over possession of the flat in question to the appellants. Under these circumstances, there is no question of awarding compensation to the appellants since they themselves were also were defaulters.

UNDER these circumstances, present appeal does not survive and same is hereby disposed of as such.

PARTIES shall bear their own costs.