VASANT BHASKAR NAIK vs RAVINDRA S. WARADKAR

RESPONDENT is present in response to notice before admission issued by us earlier on 24.10.2003 through his Advocate. We are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and on hearing the learned Advocates for the parties. (For brevity''s sake, appellants herein who are original O.Ps. are referred to as "O.Ps." and respondent who is original complainant as "Complainant".)

O.Ps. have filed this appeal challenging the order dated 12.8.2003 passed by the District Forum, Sindhudurg holding them being deficient in the matter of rendering services to the complaint in non-delivery of possession of flat for which the complainant had paid substantial consideration and so holding, the O.Ps. have been ordered to refund the amount received by them towards the consideration from the complainant with interest @ 6% p.a. and compensation of Rs. 15,000/-. As stated Builders/O.Ps. have challenged the said order.

It is noticed that the transaction being the subject matter of the dispute herein dates back to the year 1992 and for the last 12 years there has not been satisfactory development or improvement in the construction. In that, construction was not completed by the Builders/O.Ps. and flat earmarked for the complainant was not delivered to him.

COMPLAINANT, therefore, approached the District Forum with a case that he paid the sum of Rs. 1,88,000/- towards the consideration of the flat to the Builder/O.Ps. from time-to-time and despite payment of substantial part of consideration, possession has not been made over. O.Ps. appeared and resisted the claim on several grounds. Even the issue of maintainability of the consumer dispute before the District Forum, Sindhudurg was raised pointing out that said Forum had no territorial jurisdiction to entertain the complaint.

ON merits it is asserted that since the flat purchaser/complainant did not pay his contribution, including the escalated cost that the construction could not be completed. District Forum, which probed the matter found there being merits in the case of the complainant and rejecting that of the O.Ps. has made the award in the terms as aforesaid. We enquired what is the stage of construction as on today and we are informed that the same is still in complete stage. To keep the flat purchaser waiting for 12 years, in our view would certainly a factor, which will require to be taken into consideration while granting relief in the matter herein.

IT is to be stated that the complainant has paid sum of Rs. 1,88,000/- which by any reckoning is the substantial amount from the point of view the complainant and for all these days, possession has not been made over. That being so, we do not find any reason to interfere with the order of the District Forum of refund of the amount with interest to the complainant and we confirm the said part of the order.

LEARNED Advocate for the appellant submitted that compensation of Rs. 15,000/- awarded is on higher side. In our view compensation of Rs. 7,500/- will be fair enough in the facts and situation as awarded and we modify the order to that extent as under: ORDER Appeal is partially allowed to the extent as under: 1. Findings of the District Forum, O.Ps. being deficient stands confirmed. 2. Order of refund of Rs. 1,88,000/- by O.Ps. to the complainant with 6% interest vide operative Clause No. (b) also stands confirmed. 3. As far as quantum of compensation is concerned, same stands reduced from Rs. 15,000/- to Rs. 7,500/-. 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. 6. On the request of appellant''s Advocate, we grant eight weeks'' time to the O.Ps. for compliance of the award of the District Forum as modified by us. 7. Sum of Rs. 50,000/- deposited by the appellant/O.Ps. with District Forum, Sindhudurg as per our interim order dated 24.10.2003 to be released to the complainant towards the part satisfaction of the award herein and District Forum shall take necessary steps in that behalf.

Appeal partially allowed.