PRADEEP KULSRESTHA Vs. ASHOK KUMAR R SINGH

JUDGEMENT

(1.) We have heard the counsel for the parties. The complainant, Mr. Pradeep Kulsrestha, agreed to purchase a flat from Mr. Ashok Kumar R. Singh, Mr. Rupesh Vasant Shrike, Smt.Shashi Anand Pandey and M/s. M.S. Associates, the Respondents/opp.parties Nos. 1 to 4, respectively, vide registered Agreement dated 19.08.2005. The cost of the said flat was Rs.12,90,000/-. The complainant had paid an amount of Rs.5,40,000/- as part consideration. Thereafter, the complainant approached the UCO Bank, Matunga Branch, Mumbai, for obtaining loan, which he, however, could not get. Consequently, the Builder terminated the agreement and also filed suit before the Hon'ble High Court of Mumbai for declaration that the agreement between the complainant and the respondents stands terminated and therefore their agreement stood terminated. The suit is still pending. On this ground, the District Forum, in its order, dismissed the complaint. However, it directed the Ops to pay back the amount with interest @ 18% p.a., from 19.10.2007, till realisation of entire amount to the complainant, within a period of six weeks from the date of receipt of the order.

(2.) Aggrieved by that order, the petitioner filed an appeal before the State Commission. The State Commission, in a very short order, made the following observations :-

(3.) The judgment of the State Commission is based on 'ifs and buts'. It has not passed a speaking order. The pendency of the case before the Hon'ble High Court has got no bearing on this case. The complaint case was filed first of all and it should be decided on merits. The State Commission has not applied its mind and has not passed a definite order. This is an exercise of shirking and fudging, rather than confronting the issue. Consequently, we hereby set aside the order passed by the State Commission and remand the case for decision, on merits of the case. The State Commission will be at liberty to decide the case on merits, as per law. The parties are directed to appear before the State Commission, on 15.09.2014. A copy of this order be also sent to the State Commission, immediately. The case be decided expeditiously to safeguard the interests of both the parties, within a period, which should not exceed for more than four months from the date of receipt of the copy of this order. Any observation touching the merits of the case is tentative only for the purpose of this revision petition and shall not be construed as an expression of final opinion in the matter.