HARIBANS SINGH PARTNER OF M/S. SUPER CONSTRUCTION CO VASHI Vs. JAYSHRI LAXMAN PARAB WIDOW OF LATE LAXMAN N.PARAB

JUDGEMENT

(1.) This appeal filed by original O.P.no.2 in consumer complaint no.598/2006 is directed against the order dated 28/12/2007 passed by Additional District Consumer Forum, Thane, whereby Forum below directed O.P. to hand over possession of flat nos.11 & 12 on the first floor of the proposed building known as Sai Nagar and to execute Agreement/Conveyance in favour of the complainant and pay interest on Rs.8,64,000/- @ 8% p.a. from 24/8/1995 till date of order to the complainant. Forum below further directed O.P. to pay Rs.5000/- towards cost of the proceedings. Feeling aggrieved by the said order, O.P. has filed present appeal.

(2.) There is inordinate delay of 116 days in filing the appeal. No reason is given by the appellant for delay and as such, we find that appellant failed to give any satisfactory cause to condone the delay. Therefore, application for condonation of delay stands rejected. As and by way of abundant precaution, we heard the parties and examined this appeal on merit too.

(3.) Complainant agreed to purchase flat nos.11 & 12 on the first floor of the proposed building known as Sai Nagar admeasuring 1242 sq.ft. built up area for total consideration of Rs.8,94,240/- from the O.P.no.2. Accordingly O.P. issued allotment letter dated 6/9/1995 and confirmed booking of the aforesaid flat. According to complainant, despite paying entire consideration, O.P. did not enter into an Agreement for sale in favour of the complainant. It is alleged by the complainant that after continuous follow up with the O.P., O.P. had not executed Agreement for sale nor given possession of the said flat to the complainant. O.P.no.3 has issued Occupation certificate without confirmation or inspecting the site.