ASHOK P SARFARE Vs. HEMANT DHONDU SAWANT

JUDGEMENT

(1.) HEARD Adv. Nagaraj Hoskeri on behalf of the original Complainant, Mr. Hemant Dhondu Sawant; Adv. Prasad M. Gaonkar on behalf of the original Opponent No. 1, Mr. Ashok P. Sarfare; and Adv. Deepak Poonamiya on behalf of the original Opponent No.2 Mr. Mangal Prabhat Lodha.

(2.) BOTH these appeals are directed against an order dated 31.5.2010 passed by the District Forum, Thane in Consumer Complaint No. 642 of 2006. By impugned order, the District Forum has directed the original Opponents Nos.1 and 2 to execute an agreement for saie on the basis of payment of an amount of Rs. 10,000 made by the Complainant on 11.7.1987. It is further directed that after the execution of agreement for sale, the Opponents shall accept the amounts which are payable by the Complainant and they shall not charge any interest on those amounts. It is further alternatively directed that in case the possession of the flat in question cannot be handed over to the Complainant then, in such a case, the Opponents shall pay to the Complainant an amount of Rs.9,50,000 towards the price of the flat as per prevailing market rates besides damages of Rs.50,000. Opponents are further directed to pay to the Complainant an amount of Rs. 1,00,000 by way of compensation towards mental and physical agony and Rs. 10,000 by way of costs. Opponents were directed to comply with the said order within a period of thirty days from the date of receipt of the order and failing which the Opponents were directed to pay the amounts together with penal interest thereon @ 9% p.a.

(3.) IN both these appeals the Respondent No. 1 is the original Complainant, Mr. Hemant Dhondu Sawant. Appellant in Appeal No.744 of 2010 is the original Opponent No.1, Mr.Ashok P. Sarfare while the Respondent No.2 is the original Opponent No.2, Mr. Mangal Prabhat Lodha. Mr. Mangal Prabhat Lodha, original Opponent No.2 has filed Appeal No.1233 of 2010, challenging the same order. In this appeal original Opponent No.l, Mr.Ashok P. Sarfare is impleaded as the Respondent No.2. In order to avoid confusion in this order, hereinafter Mr. Hemant Dhondu Sawant, original Complainant shall be referred to as 'the Complainant', Mr. Ashok Sarfare, original Opponent No.1 shall be referred to as 'the Opponent No.1' and Mr. Mangal Prabhat Lodha, original Opponent No.2, shall be referred to as 'the Opponent No.2'.