KISHOR SHANKARRAO KULKARNI Vs. KUMAR PROPERTIES PVT LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 21.8.2014 passed by State Commission in Appeal No. 13/66- Kumar Properties Pvt. Ltd. Vs. Kishor Shankarrao Kulkarni; by which appeal was partly allowed.

(2.) Brief facts of the case are that complainant/petitioner had booked a flat bearing No. 24 in a building known as Kumar Panchsheel at Dhankavadi Padmavati, Pune to be built by the opposite party/respondent. The price was fixed at Rs. 10,41,000/-. On 21.12.2002, the complainant paid a sum of Rs. 5,000/- as booking amount. Thereafter, a sum of Rs. 1,50,000/- was paid by the complainant on 28.4.2003. The work of the building could not be commenced and, therefore, opposite party is stated to have asked the persons, who had booked the flats to take back the amounts deposited. This communication was sent on 6.1.2005. The municipal authorities had asked the builder to stop the work. It appears that subsequently the work was recommenced. Since the builder did not execute an agreement and deliver possession of the flat by receiving balance consideration, the complainant filed the consumer complaint. Opposite party resisted complaint and submitted that there was no agreement between the complainant and the opponent, therefore, this forum is not having jurisdiction to conduct this complaint. The reason for complaint occurred on December, 2002 thereafter on 6.1.2005 the opponent has informed complainant that due to some unavoidable circumstances building could not be completed and for that it would take more time and therefore complainant was asked to receive his amount back. From the date of 6.1.2005 complainant has not filed a complaint within a period of 2 years and therefore the complaint is time barred and, therefore, the same may not be accepted. Opponent states that the land where he was going to construct the said building, the Pune Corporation asked them to stop the work since the said place is coming to Hill Top Zone. This notice was served on opponents on 7.11.2003 by the Pune Corporation and therefore the construction work was stopped. Therefore, opponents has sent letters to all the customers informing them to receive back the amount which they have paid and informed to such customers with whom they have executed agreement informing them of the cancellation of the said agreements. In such condition, the complainant has not taken back his amount and this complaint has been filled. Opponents has produced the various cancelled agreements. Opponent has also served a notice on complainant in the year 2005 as well as they have been informed on 6.1.2005 to receive back their amount which he has paid and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed opposite party to execute registered agreement in favour of complainant on receiving balance amount and should give possession of flat and further directed to pay Rs. 25,000/- as damages. Appeal filed by opposite party was partly allowed by impugned order and Learned State Commission held that opposite party will receive balance of Rs. 30,38,500/- and shall hand over possession of flat and execute sale deed in favour of the complainant but on failure to deposit aforesaid amount, opposite party shall pay Rs. 5,32,000/- to the complainant alongwith Rs. 25,000/- compensation awarded by District Forum against which this revision petition has been filed.

(3.) Heard Learned Counsel for the parties finally at admission stage and perused record.