DARSHAN SHAH Vs. POORTI KISHOR MANTRI

JUDGEMENT

(1.) This revision petition is directed against the order passed by Mumbai Suburban District Consumer Forum at Bandra in R.A.No.73/2006 dated 4/4/2008 whereby the Forum below passed order directing the execution to proceed for alternate prayer made in the execution proceeding since possession of the plot could not be given by judgment debtor in terms of agreement. This order was passed after considering Court Commissioners report tendered in the Forum after inspecting the site in question.

(2.) A few facts are necessary to deal with this revision petition.

(3.) Smt.Poorti Kishore Mantri had decided to purchase one acre farm house in Survey No.142/143/144 at Mouje Gunawadi Taluka-Mulshi, District-Pune from the O.P./Developer after reading advertisement in local paper. She paid Rs.1,50,000/- by various cheques and besides paid Rs.20,000/- and Rs.5,000/- in cash. Then there was Memorandum of Understanding between the parties on 15/4/1998. Thereafter Rs.75,000/- was given by cheque to O.P. Again another amount of Rs.25,000/- was paid on 15/7/1999 and O.Ps agreed to give plot No.22 to the complainant. Again, on 13/10/1999 on demand by O.P. she paid Rs.50,000/- more by cheque. However, till March-2002 the development activity was not carried out. Hence, on 20/5/2002 complainant asked O.P. to give her back Rs.3,50,000/-. Again on 17/4/2003, by another letter demand was made. Then, on 16/5/2003 further demand was made to refund her dues but it appears that the O.Ps avoided to make payment or to give plot duly developed. As such, she filed consumer complaint and claimed either possession of the plot or refund of Rs.3,50,000/- with interest at the rate of 18% per annum.