KETAN DEVELOPERS Vs. ALKA WASUDEO DEORAS

JUDGEMENT

(1.) -This is a Revision Petition against the order dated 14th January, 1992 passed in Appeal No.237/91 by the Maharashtra State Consumer Disputes Redressal Commission at Bombay by which the order of the District Forum was confirmed and the appeal of the Appellant who was the Opposite Party in the complaint filed by the present Respondent was dismissed.

(2.) It is not necessary to give the facts of the case in detail. Suffice it to say that the present Respondent filed a complaint under the Consumer Protection Act, 1986 (for short the Act) against the present Petitioner who are Developes and Builders. Under an agreement arrived at between the parties a 'shop' was allotted to the complainant. According to the allegation in the complaint the possession of the said shop was delivered to the complainant. The Complainant put some of her belongings in that shop. After a day or two when she went to the shop for taking out some goods, she found that the Opposite Party had also placed a lock on the shutters of the shop. Thus the Opposite Party interfered with the possession of the shop despite having delivered its possession to her. It may be mentioned here that there is a dispute between the parties over the price of the shop. According to the Complainant the price of the shop was Rs. 50,000/- which she has paid while according to the Opposite Party the price of the shop was Rs. 90,000/-.

(3.) The District Forum believed the affidavit of the Complainant that she had been given the possession and further remarked that it did not find any reason to disbelieve her. The District Forum therefore, ordered the Opposite Party i.e. the present Petitoner to handover the possession to the Complainant within 15 days of the order. As noticed earlier the Opposite Party filed appeal before the State Commission without any success.