LAWS(MHCDRC)-2008-9-3

GAJANAN DEVIDAS PATIL Vs. SUNIL PRALHAD SHEWALE

Decided On September 10, 2008
Gajanan Devidas Patil Appellant
V/S
Sunil Pralhad Shewale Respondents

JUDGEMENT

(1.) THERE is delay of 28 days in filing the revision petition. Therefore misc. application for condonation of delay is filed. Delay is not deliberate or intentional. We are therefore inclined to condone the delay. Delay is condoned. Misc. application for condonation of delay is allowed.

(2.) HEARD Mr. U.B. Wavikar, Advocate for the petitioner, Mr. U.B. Shinde, Advocate for the respondent.

(3.) FORUM below rejected the prayers made by the complainant, who is purchaser of row house. Applications filed by the complainant and O.P. were rejected by the District Consumer Forum on the assumption that the District Consumer Forum had no right to appoint Court Commissioner. There is dispute with regard to dimension of the row house sold to the complainant. According to builder there is extra area admeasuring 160 sq.ft. for which complainant is required to pay extra price. Both the parties moved the District Consumer Forum for appointment of Court Commissioner to put an end to the dispute with regard to dimension of the property.