GIRISH MEGHRAJ JAIN Vs. AJIT RAWETKAR AND COMPANY

JUDGEMENT

(1.) -THIS appeal filed by org. complainant in Consumer Complaint No. 437/2002 is directed against the dismissal order dated 20. 3. 2007 passed by District Consumer Forum, Pune.

(2.) WE heard Mr. A. V. Londhe, Counsel for the appellant/org. complainant and Mr. Amol Despande, Advocate for the respondents/org. O. Ps.

(3.) THIS litigation has chequered history. The complainant who is appellant before us had booked a flat. The org. O. Ps. who are respondents herein executed Agreement of Sale in favour of the complainant on 19. 7. 1988. The Agreement of Sale was however registered on 28. 7. 1988. The total price of the flat was fixed at Rs. 1,90,400. The complainant paid Rs. 1,000 by way of booking price. The complainant booked a flat in building No. B-2. The complainant carries on business in cement. The O. Ps. required cement for construction. An understanding was arrived at between them. As per understanding the complainant supplied cement to the O. Ps. worth Rs. 1,10,226 during the period July, September, October and November of 1988. The O. Ps. on 23. 2. 1989 issued a certificate in favour of the complainant confirming booking of flat No. 402 in building No. B-2 at Survey No. 133/b/i, Parvati, Pune. In the said certificate carpet area of the flat is shown as 680 sq. ft. approximately. The complainant thus paid around 60% of total price of the flat to the O. Ps. However, O. Ps. did not deliver possession of the flat. Therefore, the complainant approached the Forum below by Complaint No. 437/2002.