(1.) This Appeal is filed by Original Opposite Party against the order passed by Consumer Disputes Redressal Forum, Additional District Pune in Complaint No.APDF/11/2007 decided on 28.06.2007. While allowing the complaint the Forum below directed the Original Opposite Party to enter into Agreement with the Complainant towards Flat No.204, admeasuring 1192 sq.ft., Building No.8, Second Floor in Indraprabha Building within six weeks from the receipt of the order and also directed Opposite Party to pay an amount of Rs.5,000/- to the Complainant towards cost and compensation. As such original Opposite Party has filed this appeal.
(2.) The facts to the extent material may be stated as under: Complainants had approached Opposite Party M.K. Developers since they wanted to purchase flat in the proposed Indraprabha Building being constructed by Opposite Party Builder. The Complainants booked Flat No.204, admeasuring 1192 sq.ft. in Building No.8, 2nd Floor, Indraprabha Building and paid an amount of Rs.25,000/- on 23.01.2006 as booking amount as demanded by the Opposite Party Builder. The cost of the flat was Rs.7,80,000/- plus other expenses for light, parking, registration, lift etc. Total consideration was Rs.9,00,000/- inclusive of all expenses. According to Complainants, Complainant No.1 is Government servant and it was informed to the Opposite Party while booking the flat that remaining consideration towards flat would be paid by obtaining Bank loan and by withdrawing Provident fund from her employer. The Complainant was insisting that agreement should be registered and then she would be able to pay the remaining amount/consideration, but, Opposite Party avoided to execute agreement for sale, but, sent 2nd demand notice to the Complainant asking her to pay further amounts of consideration slabwise. Since agreement of sale was not executed the Complainants were unable to procure bank loan or withdraw amount from the Provident fund and therefore, the builder did not handover possession of the flat, though he has handed over possession of the flat to so many other flat purchasers. Complainants went on to approach Opposite Party asking him to execute agreement of sale and to give them copies of various documents required to procure bank loan or withdrawal of provident fund amount, but, his request fell into deaf ears of the Opposite party. Ultimately, the Complainant approached Consumer Disputes Redressal Forum, Additional District Pune. Complainant filed Affidavit in support of the complaint.
(3.) Opposite Party filed Written Statement and denied that he had agreed to sell to the Complainants a flat costing Rs.9,00,000/-. According to Opposite Party Complainant assured to pay 25% amount within 8 days and to get agreement registered and thereafter they agreed to pay remaining amount slabwise, but, Complainants failed to do so. Opposite Party pleaded that as per the Maharashtra Ownership Flat Act, after booking of fully constructed flat within 30 days Agreement for Sale of flat should be registered and on failure on the part of flat purchaser to pay the amount as per terms and conditions of the agreement, the flat purchaser cannot claim booking amount. The Opposite Party pleaded that by now the cost of the said flat has become double and therefore, it is not possible for him to sell said flat at the agreed cost and he pleaded that Complainants malafide issued notice to the Opposite Party and ultimately filed consumer complaint without any basis. The Opposite Party pleaded that the complaint should be dismissed with cost. Shri Madanlal Kesarimal Sonigra filed Affidavit in support of Written Statement. Complainant filed rejoined and Affidavit that she had been assured that on payment of 20% amount Opposite Party would execute the agreement for sale.