GODSON HOUSING DEVELOPMENT CO Vs. SUKHDEO GANBAJI PORATKAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner M/s Godon Housing Development Company and Anr., against the order dated 16th August 2018 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai ('the State Commission') in First Appeal number 115 of 2018.

(2.) The brief facts of the case are that on 31st December 1994 an agreement for sale was executed by the opposite party/petitioners in favour of the complainant/ respondent to sell plot no.14 A from the proposed lay out Suryoday Vihar for a consideration of Rs.16,724/-. It was agreed to deposit the said amount by way of 60 monthly instalment of Rs.200/- each. On 12.12.2001, the petitioners/ opposite party submitted a proposal for the non-agricultural permission before the Collector Yavatmal. Sanction was granted by concerned department. However, the possession of the plot was not given to the complainant. On 18th March 2008, the complainant/ respondent filed the complaint against the petitioners/ opposite party before the District Consumer Disputes Redressal Forum, ('the District Forum') along with an application for condonation of delay. The petitioners/ opposite party resisted the complaint by stating that the consumer forum has no jurisdiction to entertain the matter and the complaint is barred by limitation and on other grounds. Vide its order dated 10th July 2009, the District Forum partly allowed the complaint and directed the petitioners either to execute the sale deed after obtaining the balance amount from the respondent or to execute the sale deed of another plot in the said lay out or to refund the amount as per the market value of the said plot as on the date of order.

(3.) Thereafter the petitioners preferred an appeal before the State Commission which was withdrawn by appellant no. 1 on 17th December 2014. The respondent then filed a complaint under section 27 of the Consumer Protection Act, 1986 before the District Forum on 4.7.2018. The District Forum vide its order dated 09.07.2018 issued process against the petitioners. Being aggrieved by the order of the District Forum, the petitioners filed an appeal under Section 27 A of the CP Act, 1986 before the State Commission which was dismissed on 16th August 2018.