PADMAVATI ENTERPRISES Vs. DHARSHI LAKHAMSHI DEDHIA

JUDGEMENT

(1.) THE case of the Complainant before the District Forum, Thane was that he had purchased a shop from the opposite party, Padmawati Enterprises under an agreement of sale executed on 2.6.2005. THE opposite party failed to give possession within the stipulated period of four months. THE Complainant invoked the jurisdiction of District Forum, Pune on 29.9.2007 on account of failure of the opposite party to hand over possession of the shop. Giving limited relief to the Complainant, the District Forum ordered the OP to pay Rs.20,000/- as compensation and pay 8% interest, if the amount is not paid within 30 days. This was only a partial acceptance of the complaint and therefore the Complainant filed an appeal before the Maharashtra Consumer Disputes Redressal Commission. THE OP did not file any appeal against the order of the District Forum, but is now before this Commission against the order of the State Commission.

(2.) IN the impugned order, the State Commission set aside the order of the District Forum and has given the following relief to the Complainant:-

(3.) THIS assumption has been examined and rejected by the State Commission, basing their decision on Clause 9 of the agreement of 2.6.2005 between the RP/OP and Respondent/Complainant. The State Commission has observed that: