ASHOK NARAYAN GOKHALE Vs. SATIMA ENTERPRISES AND ORS

JUDGEMENT

(1.) HEARD Mr.A.A.Dhumal -Advocate for the appellant.

(2.) THIS appeal is directed as against the order dated 16/11/2010 passed below Exhibit 11 in Execution Application no.200/09 arising from the original complaint no.117/04. By this order the execution application no.200/09 has been dismissed because the District Consumer Disputes Redressal Forum is not in a position to proceed for execution. This order has been passed by the District Consumer Disputes Redressal Forum, Thane in the following circumstances: -

(3.) THE consumer complaint no.117/04 was filed by the present appellant in the District Consumer Disputes Redressal Forum, Thane. The complainant was owner of C.T.S. nos.232 and 233 and house no.61 situated at Bhayandar, District Thane. Said property was in a dilapidated condition. Opponent being a builder and developer approached to the appellant/ complainant and there was a development agreement between appellant and respondent on 19/11/1999. It appears that as per said agreement the construction work was to be completed within a period of two years and the time was essence of a contract. Since no construction had commenced till November 2001, appellant/complainant has filed the consumer complaint for compensation of Rs.5 lakhs with interest @ 21% p.a. from 19/11/2001 onwards till its final recovery and also Rs.10,000/ - by way of cost of the litigation.