S.S. CONSTRUCTION Vs. MATHEW VARGHESE

JUDGEMENT

(1.) THIS revision petition has been filed by the Petitioners/OP against the order dated 03.05.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission ') in Appeal No. A/10/1304 -Mathew Varghese & Anr. Vs. M/s. S.S. Construction & Anr. by which, while allowing appeal, order of District Forum dismissing complaint was set aside and complaint was allowed.

(2.) BRIEF facts of the case are that complainants/respondent No.1 purchased two flats bearing Nos. 6 & 8 in a building constructed and developed by OPs. Complainant paid a sum of Rs.9,43,000/ - from time to time and balance of Rs.26,676/ - was to be paid at the time of possession along with Rs.30,000/ - for the terrace. It was further alleged that OPs failed to execute written agreement and also failed to deliver possession. Alleging deficiency on the part of OPs, complainant filed complaint. OP contested that agreement had been terminated vide letter dated 10.2.2004 and complainant was asked to collect the money and prayed for dismissal of complaint. Ld. District Forum after hearing both parties dismissed complaint. Appeal filed by the complainant was allowed by State Commission vide impugned order and Ld. State Commission directed OP to handover possession of Flat Nos. 6 & 8 after taking Rs.26,676/ - towards balance amount and Rs.30,000/ - for terrace or in the alternate, to refund Rs.9,69,676/ - to the complainant along with interest @ 24% p.a. from 20.10.2008 i.e. date of filing of the complaint till its realization.

(3.) LD . Counsel for the petitioner submitted that he presses revision petition only to the extent of award of interest @ 24% p.a. from 20.10.08 and petitioner is ready to refund original amount as ordered by learned State Commission.