VIJAY SHANKAR HANDE Vs. SUDHIR DATTATRAY KAWADE

JUDGEMENT

(1.) HEARD Mr. R.S. Bhalerao, Advocate for the applicant/appellant and non -applicant/respondent in person. This appeal and Misc. Application arise under the following factual matrix: -

(2.) IT appears that the complainant has paid amount of Rs. 51,125/ - along with interest @12% p.a. from 01/10/1996 to the opponent. After receipt of said amount, opponent was under obligation to hand over the possession of the office premises in question to the complainant. However, possession was not given and therefore, Execution Application No. 25/2006 was filed by the complainant. In the said execution application, it appears that the complainant has claimed Occupation Certificate and Completion Certificate along with possession of the office premises. District Forum after hearing both the parties passed the order below Exhibit -1, namely, Execution Application No. 25/2006 simply on the ground that possession has been given to the decree holder by the judgment debtor. Therefore, complainant preferred a Revision Petition No. 87/2007 before the State Commission and said Revision Petition was decided on 17/09/2008. The State Commission found that possession means a legal possession delivered after getting Occupancy Certificate and Completion Certificate from the appropriate local authority and therefore, allowed the Revision petition and pass the following order: -

(3.) IT is also made clear that the District Consumer Forum should ensure that the Occupation Certificate and Completion Certificate are given by the builder to the flat purchaser and till then the execution proceeding be continued.