VIJAY MARUTI DHANDWADE Vs. SHILPA PRABHAKAR RAWAS

JUDGEMENT

(1.) There is a delay of 18 days in filing this revision petition. For the reasons submitted in the application filed by the petitioner for condonation of delay, the delay is condoned.

(2.) This revision petition challenges the order dated 17.11.2011 passed by the State Consumer Disputes Redressal Commission, Mumbai, Circuit Bench Aurangabad ('State Commission' for short) by which the State Commission dismissed appeal No.269 of 2011 in complaint case No.151 of 2010 filed by the petitioner and upheld the order dated 7.4.2011 passed by the District Consumer Forum, Ahmednagar.

(3.) Briefly stated, petitioner herein was the opposite party before the District Forum and the respondent was the original complainant. The complainant/respondent agreed to purchase one family unit No.201 in the building called "Vyankatesh Heights" from the petitioner. An agreement was entered into between the petitioner and the respondent on 10.3.2006 for a total consideration of Rs.3,80,000/-. While an amount of Rs.80,000/- was paid by the respondent to the petitioner on 10.3.2006, for the remaining amount, the respondent availed of loan from the HDFC Bank, Ahmednagar. The HDFC Bank is stated to have sanctioned the loan on 16.3.2006 and in pursuance thereof issued cheque of Rs.1,75,000/- and later another cheque of Rs.1,00,000/- on 12.5.2006. Both the amounts were received by the petitioner. Thereafter, the respondent is stated to have paid Rs.20,000/- on 1.6.2006 and an amount of Rs.9500/- on 9.6.2006 thereby completing the payment of entire consideration in respect of the flat. Even after receipt of the total consideration, the petitioner did not handover the possession of the flat and kept certain works incomplete like light fitting, colouring, plumbing, etc. In view of this, the respondent filed a consumer complaint before the District Forum. The petitioner appeared before the District Forum and resisted the complaint. He denied any transaction for the purchase of said flat. However, he admitted having received an amount of Rs.1,75,000/- on 16.3.2006 and Rs.1,00,000/- on 12.5.2006. It was submitted by the petitioner before the District Forum that since the husband of the respondent and the petitioner were friends, nominal transaction of sale and purchase was entered into. According to the petitioner, the amount had been received by him was returned to the husband of the respondent as he was facing financial crisis. He, therefore, submitted that there was no relationship of consumer and service provider between the respondent and the petitioner.