SAMARTH DEVELOPERS Vs. ARUNA BIPIN PAREKH

JUDGEMENT

(1.) This revision petition has been filed by the Petitioners/OPs against the impugned order dated 08.07.2010 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission') in Appeal No. 720 of 2008 M/s. Samarth Developers Vs. Mrs. Aruna Bipin Parekh & Anr. by which, while allowing appeal partly, order passed by District Forum was upheld, but rate of interest was reduced.

(2.) Brief facts of the case are that complainant/respondent filed complaint before the District Forum and alleged that flat was booked with Petitioner No. 1/OP No. 1 for a total consideration of Rs.10.00 lakhs. OP No. 2/Petitioner No. 2 is sole proprietor of OP No. 1/Petitioner No. 1. Total consideration of Rs.10.00 lakhs was paid by the complainant, but OP neither handed over possession of the flat, nor sale deed was registered. Alleging deficiency on the part of OPs, complainant filed complaint. OP even after service did not appear before the District Forum and learned District Forum proceeded ex-parte against him and allowed complaint and directed OP to handover possession of the flat with clear title or refund Rs.10.00 lakhs with 18% p.a. interest and further to pay compensation of Rs.50,000/- for mental agony. Appeal filed by the petitioner was partly allowed by the learned State Commission vide impugned order and rate of interest was reduced from 18% to 12% p.a. against which, this revision petition has been filed along with application for condonation of delay.

(3.) Impugned order was passed on 8.7.2010, whereas revision petition was filed on 9.10.2012 along with application for condonation of delay. Paragraphs 3 to 5 of the application for condonation of delay are reproduced as under: