LILAVATI TATYABHAU BHOR Vs. MISHRA BUILDERS & DEVELOPERS

JUDGEMENT

(1.) Heard Advocates. This appeal is filed by the Original Complainant against the judgement/award passed by Consumer Disputes Redressal Forum, District Thane, in Complaint No119/2007. Aggrieved by the fact that some of her payments were not considered by the Forum below while directing the Opposite Party to refund amounts paid by her since shop premises given to her was demolished by the local municipal corporation, since it was unauthorized structure. We need not go into the fact, suffice it to say that this lady had booked shop premises with Respondent Builder M/s. Mishra Builders & Developers and she had paid in all amount of Rs.1,53,000/- and Forum below directed to refund Rs.1,16,223/- without considering the Bank Statement produced by the Complainant for the period 01.02.2003 to 29.02.2004. Bank statement is issued as per ledger account maintained in every bank and it has got presumption that ledger entries taken by the Bank in the ordinary course of banking business is held to be correct. Under Bankers Book Evidence Act, Section 4 such presumption is there and relying on the said presumption, we are finding that amount of Rs.20,000/- was paid on 29.05.2003 and amount of Rs.17,000/- was also paid on 20.02.2004 by the Appellant to the Respondent as per Bank statement and these two payments were not considered by the forum below while passing the award in favour of this lady and for this purpose she has filed this appeal.

(2.) There is delay of 63 days in filing this appeal. Delay is properly explained by the Appellant by filing Condonation of delay application, which is supported by Affidavit. She has also filed medical certificate in support of her claim that she was suffering from illness during the relevant time and therefore, there is delay of 63 days. We are inclined to condone the delay in filing this appeal by allowing the condonation of delay application without cost. On merit, we are finding that the Forum below had not considered her two important payments totaling Rs.37,000/-. Payments are duly proved by Bank Statement and therefore, by allowing this appeal partly, the Opposite Party/Respondent will have to be directed to pay additional amount of Rs.37,000/- with interest @18% per annum, besides award passed by the Forum below and as such, we are inclined to allow this appeal partly. Hence, we pass the following order: Order: