LODHA DEVELOPERS P LTD Vs. SUSHMA SUHAS SHEDGE

JUDGEMENT

(1.) Mr. B. S. Nikumb, Advocate for the respondent undertakes to file appearance on behalf of the respondent. We record the said statement.

(2.) We are proceeding to dispose of this appeal to the stage of its admission itself on perusal of the material available before us and on hearing the learned Advocates for the parties and by and large, we find that the order of the District Forum is just and reasonable needing no interference. However, we are considering one point because of the persistent and insistence on the part of the learned Advocate for the appellant on the rate of interest that the Forum has awarded on the amount payable by the appellant to the respondent. (appellant hereinafter is referred "builder" and respondent as "flat purchaser" ). Few relevant facts-2. Appellant is the builder and has taken exception to the order dated 18.5.2002, whereby the District Forum has held the builder deficient in not completing the construction work within agreed time and handing over possession of the flat to the flat purchaser and also non-refund of the amount paid by the flat purchaser towards the consideration to the builder when the project was not completed.

(3.) The material clearly shows as is available in this appeal paper book, that the flat purchaser and builder had entered into a deal as early as in the month of March, 1996 and the flat purchaser from time to time, since then paid the substantial amount towards the consideration to the extent of Rs.1,97,002/-. First payment has been made by the flat purchaser on 29.3.1996 and last instalment on 22.12.1997. Builder has passed receipts for the same.