LAWS(NCD)-2002-4-96

AKSHAY KUMAR HARINARYAN LAKHANI Vs. NALINI SHANKARRAO DANI

Decided On April 17, 2002
AKSHAY KUMAR HARINARYAN LAKHANI Appellant
V/S
NALINI SHANKARRAO DANI Respondents

JUDGEMENT

(1.) We have heard the learned Advocates for both the parties. We also perused the impugned order dated 30.9.1996 passed by the District Forum, Nagpur in the complaint. The appellant herein is the original complainant and respondent is the O. P. (hereinafter for brevity's sake complainant is referred to as "flat purchaser" and respondent as "builder" ).

(2.) The matter seems to have chequered history running from the year 1990. The transaction was as simple as is the case between the Flat purchaser and the Builder duly documented as required under the provisions of the Maharashtra Flat Ownership Act, 1963. Out of agreed consideration of Rs.3,00,000/- Flat purchaser paid the sum of Rs.2,90,000/- as per the agreement leaving balance of Rs.10,000/- at the initial stage. In due course, the complainant also paid the balance amount of Rs.10,000/- to the Builder.

(3.) As the possession of the flat was not handed over and certain minor things of installing electric supply and the commissioning of the Lift were not completed, the matter was carried to the District Forum.