BHALCHANDRA SHIVRAM JOSHI Vs. SATISH DHANESHAN KOLLARA

JUDGEMENT

(1.) COMPLAINANT -Satish Dhaneshan Kollara had entered into on oral agreement for the purchase of flat No. 4 on the first floor admeasuring 921 sq. ft in Purva Park, District Raigad in the presence of Mr. Adam Kadir Karijikar, according to which against the total consideration of Rs. 7,11,000, Rs. 1,11,000 was to be paid within one month by issuing a cheque and the balance amount was to be paid after the loan was sanctioned by ICICI Bank (in short, 'the Bank).

(2.) IT is the case of the complainant that the opposite party -Shri Bhalchandra Shivram Joshi himself had introduced the complainant to Mr Rajesh Patil, the concerned official of the Bank and completed all the required formalities. The Bank sanctioned a loan of Rs. 6,50,000 in the name of his wife and the complainant for the purchase of the said flat including stamp duty and registration charges. After sanctioning of the loan, efforts were made by the complainant to contact the opposite party who is the petitioner before us who refused to reply. Further, the complainant sent a letter on 17.5.2007 to the opposite party under certificate of posting which was also not replied. Personal meeting of the complainant with the opposite party did not yield any positive result, as the complainant was shocked when the opposite party claimed that he did not agree to sell the flat and refused to the execute the sale agreement. Complaint was filed before the District Forum. This was contested by the opposite party stating that he demanded a sum of Rs. 1,11,000 as loan and there was no transaction for the purchase and sale of any flat.

(3.) AS the District Forum dismissed the complaint, the complainant was compelled to file an appeal before the State Commission. The State Commission observed as follows: