RAJAN KRUSHNA GAVALI vs SOU. SAMINA SHABANSETH JAMADAR

-THIS appeal is placed on our today''s Board for admission hearing in which respondent/original complainant is present in response to the he Notice before admission issued by us earlier.

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the learned Advocate for appellant and the respondent who is present in person through Advocate Mr. J.M. Baphna assisting as amicus curiae. Appellant herein is original O.P. and respondent original complainant.

O.P. has filed this appeal challenging the order dated 9.6.2003 passed by the District Forum, Kolhapur, which was made by the complainant seeking review of the earlier order passed by the District Forum dated 8.4.2003 passed in the complaint herein dismissing the complaint.

WE have reservation as to whether the District Forum was justified in exercising jurisdiction as done in the matter. During the course of submission it was indicated that this matter can be worked out. Accordingly, we are proceeding to dispose of the same. It is noticed that the complainant paid a sum of Rs. 22,500/- to the O.P. as consideration for a plot of land. However, possession was not made over. Hence the complaint was filed. There is an agreement executed between the parties in that respect which is also made available in the record and proceedings.

THE District Forum vide its earlier order dismissed the complaint with a view that the same was time-barred. Thereafter complainant moved the review application and District Forum vide its impugned order allowed the complaint and at final stage proceeded to allow the claim of the complainant ordering the O.P. to refund Rs. 22,500/- to the complainant with interest at the rate of 12% p.a. As stated O.P. has challenged this order. The learned Advocate for appellant/Orgl. O.P. stated that O.P. would refund the amount of Rs. 22,500/- but payment of interest should be waived.

AS against the complainant who is appearing in person states that she is a poor lady and her hard earned money is invested and that she was required to approach District Forum as also State Commission on number of occasions. It is further noticed that since 1998 the same amount has remained with the O.P.

DISTRICT Forum has awarded interest at 12% p.a. But in the fact situation we award interest at 9% p.a. payable from 1.7.2001 from the date of filing of the complaint till realisation. We modify the impugned order accordingly. ORDER Appeal is partially allowed to the extent as under: 1. Award of Rs. 22,500/- stands confirmed. 2. Rate of interest of 12% p.a. stands reduced to 9% p.a. payable with effect from 1.7.2001. 3. No order as to cost. 4. We order DISTRICT Forum, Kolhapur to release sum of Rs. 15,000/- to the complainant deposited by the O.P. by our order dated 16.6.2003 towards part satisfaction of the award herein. 5. On request of O.P., he is allowed to comply with the balance part of the award as under- 50% of the balance amount of the award as modified by us shall be paid within three months and remaining 50% by next three months. 6. Appeal stands disposed of. 7. Copies to be furnished to the parties.

Appeal partly allowed.