GAIKWAD ASSOCIATES, AUNDDH, PUNE Vs. RAMESH GULABRAO MARANE

JUDGEMENT

(1.) This appeal is directed against the order/award dated 25/08/2005 passed in consumer complaint no.145/2008, Mr.Ramesh Gulabrao Marane& Ors. v/s. M/s. Gaikwad Associates, by District Forum, Pune (Forum below in short).

(2.) Original complainants/respondent agreed to purchase a residential flat bearing no. A-4, as more particularly described in consumer complaint, for a total consideration of Rs. 4,77,960/- plus incidental and legal expenses etc. quantified at Rs.35,000/- from appellant/org.opp.party. A dispute arose since possession of the said flat was not handed over to the complainant despite substantial payment of Rs. 3,21,000/-. Consumer complaint accordingly was filed and it came to be settled in favour of complainant by impugned award. The impugned award reads as under:-

(3.) It is made clear that in case of default on the part of the complainants to pay the balance consideration amount to the opposite party within the stipulated period, the order as to handing over the possession of the flat shall automatically stands cancelled and in that event the opposite party shall be liable to refund to the complainants jointly, an amount of Rs.3,21,000/- together with interest thereon @9% p.a. as from the date on which he received the sum from the complainants till realization of the amounts by the complainants, within a period of two months thereafter.