LAWS(NCD)-2013-1-15

ASHOK KUMAR SHARMA Vs. GHANSHYAM HEMADEV

Decided On January 11, 2013
ASHOK KUMAR SHARMA Appellant
V/S
Ghanshyam Hemadev Respondents

JUDGEMENT

(1.) This appeal has been filed by the complainant/Appellant against the impugned order dated 20.12.2010 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission') in C.C. No. CC/03/24 Ashok Kumar Sharma Vs. Ghanshyam Hemadev & Anr. by which complaint was dismissed.

(2.) Brief facts of the case are that the complainant booked Shop No. 2 with the opposite party and made payment of Rs.7,46,182/- from time to time, but still possession has not been handed over to the complainant, hence, filed complaint for directions to the opposite party to hand over peaceful and vacant possession of Shop No. 2 or in the alternative another shop of the same size along with prayer for awarding interest, compensation, cost, etc. Learned State Commission vide impugned order dismissed the complaint on the ground that after termination of contract there exists no relationship between the parties as the 'consumer' and 'service provider' and complaint is also time barred.

(3.) Heard the learned Counsel for the parties and perused record.