LAWS(NCD)-2012-5-11

SADASHIV GOPINATH KIRAD Vs. SUMAN MOHAN THEKEDAR

Decided On May 15, 2012
SADASHIV GOPINATH KIRAD Appellant
V/S
SUMAN MOHAN THEKEDAR Respondents

JUDGEMENT

(1.) Petitioner who was the Opposite Party before the District Forum has filed this Revision Petition against the order and judgment dated 15.10.07 passed by the State Consumer Disputes Redressal Commission, Maharashtra (in short, 'the State Commission') in appeal No.373/03 whereby the State Commission upholding the order of the District Forum has partly allowed the appeal and directed to the Petitioner to refund amount of Rs.1,05,127.50 to the Respondent towards the cost of lesser built up area of 140.17 sq. ft. along with interest @ 9% p.a. from 13.4.98 till the date of realization. Rs.25,000/- were awarded towards compensation for mental agony and Rs.5,000/- for cost of litigation.

(2.) Besides the reliefs granted by the forum below, we direct the respondent/builder to refund amount of Rs.1,05,127.50 (Rupees one lakh five thousand one hundred twenty seven and paise fifty only) for having given lesser built up area of 140.17 sq. ft. than the agreed built up area of 714 sq. ft. The is amount shall carry interest @ 9% p.a. from 13.4.98 till the date of realization of amount.

(3.) The respondent shall also pay compensation of Rs.25,000/- for the mental agony and harassment caused to her because of deficiency committed by the respondent.