UDAYKUMAR RAMNIVASJI VYAS Vs. TRILOK SINGH MULKRAJ BUDHRAJA

JUDGEMENT

(1.) the Revisionist Udaykumar has preferred this appeal against the order dated 29.8.2006 passed by Addl. District Forum, Nagpur in E. A. No.88 of 2005 whereby he was directed to give possession of the farm house No.20 B, admeasuring 10000 sq. ft. (constructed area 413 sq. ft.) situated at Mouza Panjri Kh. No.60, P. H.42, Tah. Nagpur Rural, Nagpur (for short said farm house) to respondent Trilok and execute its sale-deed in his favour. He was also directed to pay the remaining balance interest amount @ 12%. Alternatively, Udaykumar was ordered to refund the consideration amount along with 12% interest.

(2.) Relevant facts are as under:

(3.) Initially, respondent/complainant Trilok filed a complaint under Sec.12 of Consumer Protection Act, 1986 inter alia contending that Revisionist/o. P. had agreed on 15.1.1999 to sell said farm house to him for the consideration of Rs.3,40,000 which was paid by Trilok to Revisionist within 5 days and thereafter an agreement to that effect was executed between the parties. However, as Udaykumar did not respect his part of the agreement, Trilok knocked the door of the Forum by filing Complaint No.492/2001 which came to be decided by the Nagpur Forum by a common order dated 6.9.2002. This order was challenged by Udaykumar in A. No.1636/2002 which came to be decided by Mumbai Commission as dismissed, by its order dated 23.12.2002. It is undisputed fact that, as neither of the parties challenged this order of the State Commission, the order of the Forum attained finality.