OM KHEMRAJ GAHLOT Vs. KRISHNAT P BAGADE

JUDGEMENT

(1.) Both these revision petitions arise out of one order of District Forum as well as State Commission; hence, decided by common order.

(2.) These revision petitions have been filed by the petitioner against the order dated 7.5.2008 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission') in Appeal No. 2044/06 Om Khemraj Gahlot Vs. Krishna P. Bagade & Anr. by which, while allowing appeals partly, order of District Forum allowing complaint was modified.

(3.) Brief facts of the case are that complainants/respondents filed two Complaint Nos. 232 & 290 of 2003 before District Forum. In Complaint No. 232 of 2003, complainant/respondent booked Flat No. B-302 measuring 340 sq. ft. carpet area for Rs.4,60,000/- and agreement was executed on 11.5.2001. Complainant paid Rs.4,50,000/- to OP/petitioner and possession of the flat was to be delivered within 18 months from the date of booking. At the time of casual inspection, complainant found area of flat as 308 sq. ft. It was further submitted that inspite of receipt of substantial amount of consideration, OP has not delivered possession of the flat. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. In Complaint No. 290 of 2003, complainant booked Flat No. B-103 measuring 338 sq. ft. for Rs.4,56,686/- and agreement was executed between complainant and OP to give possession within 18 months. Complainant paid full amount. He further alleged that he paid Rs.1,28,500/- in cash excess to the OP. At the time of casual inspection he found that Flat was measuring only 308 sq. ft. and possession has not been given to him. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted both complaints and denied receipt of Rs. 1,28,500/- in cash as excess amount from complainant Gulab Dhanawade. It was further submitted that he received Rs.3,50,000/- from complainant Mr. Krishnat Pandurang Bagade. It was further denied that area of the flat has been reduced. Learned District Forum after hearing both the parties allowed both the complaints by one order and directed OP to pay interest on received amount @ 15% p.a. till actual delivery of possession and further directed to refund Rs.43,286/- in Complaint No. 232 of 2003 and Rs.40590/- in Complaint No. 290 of 2003 and further allowed Rs.50,000/- for mental agony, Rs.5,000/- as cost of the litigation to both the complainants. Appeals filed by OP were partly allowed by learned State Commission vide impugned order and learned State Commission quashed order of refund of Rs.40590/- to the complainant in Complaint No. 290/2003 and reduced amount of Rs.43,286/- to Rs.21,643/- in Complaint No. 232 of 2003 and further directed complainant in Complaint No. 232 of 2003 to pay Rs.10,000/- to OP on delivery of possession of flat and rest of the order of District Forum was affirmed against which these revision petitions have been filed.