KUNDLIK GANPAT MOKAL Vs. JAYSHEEL CONSTRUCTION COMPANY

JUDGEMENT

(1.) This appeal arises out of judgement and order rendered by Maharashtra State Consumer Disputes redressal Commission, Mumbai (hereinafter referred to as the State Commission ) in complaint case no. 319/1997 dismissing the complaint filed by the appellant.

(2.) Briefly stated, the case of the appellant before the State Commission was that he had booked flat no. 1 of 1050 sq. ft. area in Mangesh Cooperative Housing Society. He was allotted the flat. The allotment letter was issued by one Mr. H.V. Phalle. The agreed price of the flat was @650/- per sq. ft. The construction of the flat was being carried out by respondent no. 1, Jaysheel Construction Company Ltd. Late Mr. H.V. Phalle was the Director of respondent no. 1 company and he was authorised to book the flats for members of Mangesh Cooperative Housing Society OP No.3 before the State Commission and respondent no. 3 in this appeal. Though, he had deposited the required booking amount yet the respondent no. 1 did not arrange for admitting him as member of the respondent no. 3, i.e., Mangesh Cooperative Housing Society. He was not allotted any flat in the Mangesh Cooperative Housing Society. He, therefore, filed a complaint seeking allotment of the flat alternatively for the refund of Rs.2,41,250/- paid to late Mr. H.V. Phalle for purchase of the said flat.

(3.) The respondent no. 2 denied that any payment was made to late Mr. H.V. Phalle by the appellant. They submitted that deceased Mr. H.V. Phalle was assigned contractual work to construct the residential building for and on behalf of proposed Mangesh Cooperative Housing Society. The booking of the flat was not the work assigned to late Mr. H.V. Phalle. However, he was authorised to receive money on the construction site if any one of the proposed members wanted to deposit such money, given by the cheque drawn in favour of the Housing Society. He was agent of the Mangesh Cooperative Housing Society for the limited purpose of collecting the amounts by cheques at the worksite from the proposed members. The complainant had paid only Rs.1,05,000/- to deceased Mr. H.V. Phalle as an agent of the Mangesh Cooperative Housing Society. The respondent nos. 1 & 2 further denied that any payment was acknowledged vide communication letter dated 30.07.1996. They submitted that late Mr. H.V. Phalle died on 5.01.1996 when respondent no.1 Vijay H. Phalle was a minor and was studying in 12th standard. He had no knowledge about the transactions between the appellant and deceased Mr. H.V. Phalle. They submitted that deceased Mr. H. V. Phalle was the sole proprietor of the respondent no. 1 Jaysheel Construction Company. After the death of Mr. H.V. Phalle the contract was terminated by the respondent no. 3 Mangesh Cooperative Housing Society and the work was got done from another agency. They submitted that the complainant has fabricated certain documents and lodged a false complaint.