SAI CONSTRUCTION Vs. VAISHALEE VINAYAK PARKHI

JUDGEMENT

(1.) This revision petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'State Commission') in First Appeal No. A/12/76 dtd. 4/5/2012 arising out of order dtd. 20/10/2011 of the District Additional Consumer Disputes Redressal Forum, Pune (in short, 'District Forum') in Consumer Complaint No. 37 of 2011.

(2.) Briefly stated, the facts of the case are that the respondent/complainant had executed an Agreement with the petitioner/builder for a row house for a sale consideration of Rs.11,50,000.00. Petitioner executed the Sale Deed on 19/11/2009. Respondent contends that despite the Sale Deed, possession was not handed over and that there were 13 lacunae in the house. Also, petitioner/builder did not provide other necessary documents such as Completion Certificate, N.A. Order and the 7/12 Extract with the names of the respondents/complainants which amounted to deficiency in service. These issues were considered by the District Forum in CC No. 37/2011 and, on contest by the petitioner/builder, the District Forum partly allowed the complaint directing the petitioner to provide the documents within 60 days failing which to pay compensation at the rate of Rs.100.00 per day along with Rs.25,000.00for mental harassment and Rs.3,000.00 as legal costs. The Appeal filed by the petitioner/builder against this order was partly allowed and the order of the District Forum confirmed. In addition, interest @ 24% p.a. from 1/1/2009 till handing over of Occupancy Certificate and Completion Certificate was directed to be paid to respondents/complainants on the amount of Rs.11,50,000.00. This order is impugned before this Commission with the prayer to set it aside and dismiss the complaint with costs.

(3.) The petitioner has contended that the impugned order raises the following questions of law: