LODHA GROUP OF COMPANIES Vs. DEEPAK N BHAT

JUDGEMENT

(1.) We are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the learned Advocate for appellant and respondent who is present in person. (For brevity's sake appellant/o. P. is referred to as "builder" and respondent/complainant as "flat purchaser" ).

(2.) The appellant in the appeal had taken exception to the order passed on 30.5.2002 by the District Forum, Thane, whereby the Forum has held the Builder being deficient in rendering services to the flat purchaser and in not ensuring the delivery of the possession of the flat on completion of the construction within agreed time as per contract and so holding, the District Forum has ordered refund of the amount which he received from the flat purchaser towards part consideration of the flat with interest at the rate of 18% p. a. till realisation plus Rs.1,000/- as cost.

(3.) It is noticed that the transaction dates back in July, 1997, wherein the Builder agreed to sell the flat to the flat purchaser for a total sum of Rs.3,55,630/-. The possession was to be made over on completion of the construction within one year of execution of the agreement i. e.10.7.1998. The flat purchaser towards consideration from time to time paid Rs.1,35,157/-. The last payment of Rs.24,900/- of the said amount has been made on 14.10.1997.