ARVIND PUNDLIK DHAMNE Vs. RAGHUVIR WAMNRAO JOSHI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 19.08.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad (in short, 'the State Commission') in Appeal No. 1250 of 2008 Arvind Vs. Ravhuvir by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent purchased two plots nos. 6 & 7 measuring 341 sq. ft. and 345 sq. ft., respectively on 4.7.1985 from OP/petitioner @ Rs.2/- per sq. ft. Complainant paid Rs. 8,000/- on that day and on 21.1.1986, complainant paid Rs.1,000/- for each plot. OP failed to give registered sale deed; so, complainant filed Consumer Complaint No. 160/2003 for directions to the OP to give sale deed executed in his favour. District Forum by the order dated 31.5.2005, disposed of the complaint, as parties remained absent with liberty to the complainant to file fresh complaint. Complainant filed fresh complaint for direction to execute sale deed. OP resisted complaint and denied that he agreed to sell two plots to the complainant and also denied receipt of amount. It was further submitted that as earlier complaint was dismissed, second complaint was not maintainable. It was further submitted that complaint was barred by limitation and complainant did not fall within the purview of consumer and matter could have been tried before the Civil Court and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to execute sale deed of the plots in favour of complainant and further awarded Rs.100/- per day as penal charges and further awarded Rs.25,000/- as compensation and Rs.3,000/- as litigation cost. Appeal filed by the OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.