R K CONSTRO PROJECTS PVT LTD Vs. BALAPRASAD SHIVPRASAD INDANI & ANR ; SIDDHIVINAYAK ENTERPRISES; KAMALKISHOR SHANKAR LAL TAYAL; VIJAY MADANLAL AGRAWAL

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned interim order dated 4.05.2017, passed by the Maharashtra State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 02/2017, filed by the present petitioner/builder, in which it was stated as below:-

(2.) As per order dated 21.10.2016 passed by the District Forum, Aurangabad in consumer complaint No. 224/2016, filed by the present respondent No. 1, the petitioner/builder was directed to refund the principal amount of Rs. 13,26,350/- alongwith interest @10% p.a. to the complainant within a period of 30 days. A compensation of Rs. 25,000/- was also ordered to be paid. Being aggrieved against the said order of the District Forum, the OP builder challenged the same by way of an appeal, FA/02/2017 before the State Commission. As stated in the order dated 04.05.2017 quoted above, the State Commission granted stay against the order of the District Forum, subject to the deposit of entire award amount with interest before the District Forum. The OP builder has challenged the said direction by way of the present revision petition.

(3.) It was contended by the learned counsel for the petitioner that they were prepared to give physical possession to the complainant/respondent and they had apprised the District Forum also to that effect. The learned counsel further stated that the construction could not be completed in time due to drought conditions declared by the District Magistrate of the area.