LAWS(NCD)-2001-8-41

SYED VAJIDALI SANGAMNEHERI Vs. KHADIJA NURUDDIN BENGALI

Decided On August 02, 2001
SYED VAJIDALI SANGAMNEHERI Appellant
V/S
KHADIJA NURUDDIN BENGALI Respondents

JUDGEMENT

(1.) THE first appeal and the revision petition arise out of the same proceedings before the State Commission. It is the opposite party builder who is the appellant in the appeal and petitioner in the revision petition. Respondents complainants had filed a complaint alleging that the appellant had agreed to sell them a row house in Devali for a consideration of Rs. 5,17,280/- and they had already paid a sum of Rs. 4,65,000/- by means of cheque and cash. Balance amount was to be payable at the time of handing over the possession. Appellant did not complete the construction and did not hand over possession of completed house to the complainants. They now want their money back. State Commission after going into the merits of the case ordered that the appellant should refund the sum of Rs. 4,65,000/- with interest @ 18% per annum from 1-6-1992 till payment. Appellant was burdened with cost of Rs. 10,000/-. They were also directed to pay Rs. 50,000/- by way of compensation. Appeal is directed against that order.

(2.) IN the proceedings taken in execution by the complainants by order dated 10-6-2000 State Commission granted six weeks time to the appellant to comply with its order dated 20-7-1997. Revision petition is directed against this order.