KADAM BROTHERS & DEVELOPERS Vs. UNMESH GANPATRAO SATHE

JUDGEMENT

(1.) These Revision Petitions under Section 21(b) of the Consumer Protection Act, 1986 (for short the "Act") are directed against the order of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (for short "State Commission") in M.A. Nos. 220 and 221 of 2014 in a/w First Appeals Nos. A/14/561 and A/14/562 respectively. By the impugned order, the State Commission dismissed the Appeals on grounds of limitation holding that the reasons cited by the Appellants are not sufficient to condone the delay and confirmed the order of the District Consumer Disputes Redressal Forum, Kolhapur (for short "District Forum") in Complaints No. CC/12/99 and CC/12/98 respectively. By its order, the District Forum partly allowed the Complaints directing the firm to execute the sale deeds of the subject Flats in Ram Vilas Apartment; to provide parking place as per the Agreement; to pay ?9,000/- towards compensation and ?3,000/- towards costs.

(2.) As a common issue is involved in both the Revision Petitions and even the background facts are identical, both these Petitions are being disposed of by this common order. However, in order to appreciate the subject matter of the case involved, we shall briefly refer to the facts of Appeal No. 563 of 2015.

(3.) Briefly put, the material facts in the case are that the Respondent, Unmesh Ganpatrao Sathe, who is the original Complainant before the District Forum, paid an amount of ?2,85,000/- and entered into an agreement of sale with the Builder on 22.3.1995 for purchase of Flat No. 106 admeasuring 818 sq. ft. in Ram Vilas Apartment. The Complainant pleaded that inspite of repeated requests to issue the completion certificate and execute the sale deed, there was no response from the Builder.