AJIT RAWETKAR & COMPANY Vs. GIRISH MEGHRAJ JAIN

JUDGEMENT

(1.) Petitioner/Opposite Party being aggrieved by order dated 22.10.2007 passed by Consumer Disputes Redressal Commission, Maharashtra, Mumbai (for short, 'State Commission') has filed this petition under Section 21 (b) of the Consumer Protection Act, 1986 (for short, 'Act').

(2.) Respondent/complainant had field a consumer complaint before District Consumer Disputes Redressal Forum, Pune (for short, 'District Forum') on the ground that he is in business of supplying of building material, whereas Petitioner is a Builder. It is stated that respondent agreed to purchase flat no.402 admeasuring 680 Sq. Ft. on third floor Building No.-B-2 for consideration of Rs.1,90,400/- which was to be paid in the form of supply of cement worth consideration price and the agreement for sale was executed in favour of the respondent by the petitioner on 19.07.1988 which was registered on 28.07.1988. Respondent supplied from time to time cement worth Rs.1,10,226/-. Thus, respondent has paid around 60% of the consideration amount to the petitioner. However, till date, petitioner failed to deliver the possession of the flat. Accordingly, respondent filed a consumer complaint before the District Forum seeking following reliefs;

(3.) Petitioner appeared before the District Forum on 14.5.2003 and sought time to file the written version, but did not file the same. However, the District Forum vide order dated 09.06.2006, dismissed the complaint of the respondent.