TIRUPATI CONSTRUCTION Vs. S.G. KUMAR

JUDGEMENT

(1.) Being aggrieved by the impugned order dated 16.08.2013, passed by State Consumer Disputes Redressal Commission, Maharashtra, Mumbai (for short, 'State Commission'), appellant has filed the present appeal.

(2.) Brief facts are that Respondent/Complainant approached the Appellant/Opposite Party for booking a flat. After going through the brochure, respondent booked a flat bearing No.602 on 6th floor, block no.13, D/wing, admeasuring 990 sq.ft. @ Rs.2,080/- per sq. ft. Thereafter, respondent made payment of part consideration of Rs.2 lacs by cheque for which appellant issued receipt dated 15/03/2008, confirming and acknowledging the payment. It is stated that even after accepting the amount of Rs.2 lacs, the appellant has not executed the agreement to sale in the name of the respondent under the provisions of The Maharashtra Ownership Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act, 1963 ("The MOFA" for short). Even after a period of 18 months, appellant has neither constructed the building nor taken any steps.

(3.) It is further stated by the respondent that appellant has never demanded further payments while he is ready and willing to pay the balance amount of consideration towards the said flat as agreed between the parties. As per the MOFA, executing the written agreement is the responsibility of the appellant. Thus, appellant has contravened the provisions of the MOFA. The cause of action has arisen in the year 2008. Since, appellant has not handed over the possession, it is a continuous cause of action. Alleging not handing over the possession and not executing the agreement to sale, amount to deficiency in service on the part of the appellant, the complainant filed a consumer complaint before the State Commission with following prayers;