MOHAMMAD IBRAHIM MULLA Vs. HAMID ABOOBAKAR MEMON

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order of the Consumer Disputes Redressal Commission, Maharashtra by which the appeal filed by the present petitioner who was the Appellant before it, was dismissed.

(2.) THE facts as gathered from the file are that the present Respondent No. 1 Shri Hamid Abookar Memon had filed the complaint through Akhil Bhartiya Grahak Panchayat, Pune before the District Forum against the present petitioner Shri Mohammad Ibrahim Mulla. The case as set up in the complaint was that Shri Hamid Aboobakar Memon had purchased a flat from the present Petitioner who was the Opposite Party in the complaint (and will be referred to as such hereinafter).The Opposite Party is a builder. An agreement was signed between the parties and registered on 14th September, 1989. As per terms and conditions of the agreement the built up area (including balcony) should have been 715 sq. ft. However, after taking possession of the flat the Complainant asked his architect to verify the measurement and the area of the flat was found to be only 666.738 sq. ft. (including balcony). Thus the complainant was given 48 sq. ft. less area. Calculating the market price of that area the Complainant prayed that the builder should refund to him Rs. 24,000/ - with interest.

(3.) THE District Forum held that the area of the staircase is common and therefore, it cannot be considered as built up area which was to be given to the Complainant i.e. 715 sq. ft. (inclusive of balcony only) it was held that according to the certificate by the Complainants architect the built up area of the flat sold to the Complainant was 48 sq.ft less in area and thus there is deficiency in 'service' on the part of the builder. The District Forum calculated the price of 48 sq. ft. by dividing the total value of the flat by 715 sq. ft and then multiplying by 48 sq. ft. The figure thus arrived at is Rs. 16,800/ -. The District Forum directed the Opposite Party to pay that sum to the Complainant within a period of two months.