TULSHIRAM DADU THORAT Vs. BAPPANADA NARSHIMHAN

JUDGEMENT

(1.) REVISION petition nos. 600, 1306 and 1307 of 2013 are against the same impugned orders of the Maharashtra State Consumer Disputes Redressal Commission, ('the State Commission') dated 20.09.2012 in Appeal no. A/ 08/ 1288, A/ 08/1579 and A 08/1288. Since all the three revision petitions emanate from the same impugned order, it is proposed to dispose of all three revision petitions by a common order. The facts of the case are taken from RP no. 600 of 2013.

(2.) THE facts of the case are that Shri Bappanada Narshimhan respondent herein was the proprietor of M/s Annapi Construction Co. The respondent had agreed to sell the flat no. 1504 ad -measuring 570 sq ft. situated on the 15th floor of the Building known as Mahesh Tower, situated at Bhaktti Dham Complex of the respondent for Rs.5,13,000/ -. Accordingly, an agreement for sale of the flat was entered and executed on 01.10.2001 between the respondent and the petitioner herein. In accordance with the terms and conditions of the said agreement for sale, the petitioner has paid from time to time, a sum of Rs.4,82,400/ - towards the cost of the said flat to the respondent. The details of the amount paid are as follows: <FRM>JUDGEMENT_124_LAWS(NCD)4_2015.htm</FRM>

(3.) THE respondent vide his letter dated 15.02.2003 had demanded the amount of instalment to be paid up to on completion of 2nd slab. However, thereafter, the respondent did not inform anything to the petitioner about the progress of the construction work. The petitioner enquired about the progress of construction work by sending various letters to the respondent and requested him to get registered the "Agreement of Sale" of the said flat. However, the respondent did not give any response to it. When the petitioner himself went to see the progress of construction work, neither the respondent nor the officer of the respondent gave any information about the progress of construction work.