RUTURAJ CONSTRUCTION AND ORS. Vs. PRAKASH RAMCHANDRA KALE

JUDGEMENT

(1.) Petitioner/Opposite Party has filed this revision petition challenging impugned order dated 30.07.2015, passed by State Consumer Disputes Redressal Commission, Maharashtra, Mumbai (for short, 'State Commission') vide which application of delay filed by petitioner was dismissed.

(2.) Brief facts are, that Respondent/Complainant has paid a sum of Rs.4,63,300/-out of Rs.4,90,000/- for purchase of a flat to be constructed by the petitioner. The aforesaid amount was paid during the year 2007-08. Since, petitioner failed to give possession as agreed between the parties on or before 01.04.2008, a consumer complaint was filed by respondent seeking possession as well as for financial losses.

(3.) Petitioner in its written statement denied, that respondent has paid a sum of Rs.4,63,000/- but has paid Rs.4,04,000/- only. Despite demands, respondent is avoiding making payment of Rs.86,000/- besides other due of Rs.35,500/-. Therefore, possession could not be delivered. Meanwhile, there has been increase in the construction cost. Thus, price of flat has been increased to the extent of Rs.8,75,000/-.