ADITYA DEVELOPERS Vs. MANISH RANGANATH THORAT

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith by consent of the parties and matter is taken up for final disposal at the stage of admission.

(2.) This petition takes an exception to the order dated 25.06.2019, passed in First Appeal No.A/18/365 by the State Consumer Dispute Redressal Commission, Maharashtra, Nagpur Circuit Bench (State Commission).

(3.) The petitioner - M/s. Aditya Developers, is a developer/ builder engaged in construction business. Respondent / complainant Manish Thorat intended to purchase a residential flat bearing No. 303 on 3rd Floor in the project floated by the petitioner / developer. The complainant has paid booking amount of Rs.25,000/- on 19.05.2004 for booking of the concerned flat and accordingly agreed to purchase said flat for a total consideration of Rs.7,11,000/-. Thereafter, he has also paid an amount of Rs.45,000/- on 19.09.2005 towards registration and miscellaneous expenses. On 17.10.2005, the complainant received a letter from the developer about cancellation of booking of the concerned flat. Being aggrieved, the complainant filed ULPA Complaint No.151/2006, before the District Consumer Dispute Redressal Forum, Nagpur (Consumer Forum), in terms of Section 12 of the Consumer Protection Act, 1986, wherein the complainant sought direction against the developer to execute, register sale deed and to pay compensation. In the said complaint case, the Consumer Forum heard both the sides and vide order dated 17.01.2007, directed the developer to execute sale deed of Flat No.303 and also directed the complainant to pay balance consideration amount. Moreover, the developer was directed to pay Rs.5000/- towards compensation and Rs.1000/- towards costs of the litigation.