Mr. Anilkumar Dubey Vs. M/S. Mishra Builders and Developers Through Its Proprietor Mr. Ramdhari D. Mishra, Mumbai

Mr. Anilkumar Dubey vs M/S. Mishra Builders and Developers Through Its Proprietor Mr. Ramdhari D. Mishra, Mumbai

Type Court Judgment Court Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai Decided Dec 17, 2009

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Citation: sooperkanoon.com/1110780
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Judge: Shri P.N. Kashalkar, Honble Presiding Judicial Member Smt. S.P. Lale, Honble Member
Decided On: Dec 17, 2009
Case Number: First Appeal No.821 of 2008 @ Misc. Application No.1120 of 2008 (In Complaint No.98/2007)
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mr. Anilkumar Dubey

Advocate Mrs. S.S. Sawant, Advocate for Appellant. Mr. A.P. Singh, Advocate along with Mr. R.O. Pathak, Advocate for Respondent.

Respondent

M/S. Mishra Builders and Developers Through Its Proprietor Mr. Ramdhari D. Mishra, Mumbai

Excerpt

.....condonation of delay application without cost. (3) we heard submissions of both the parties advocates on merits. we are finding that forum below has rightly considered the case of the complainant and has passed award properly directing to pay rs.3,61,000/- along with interest @18% per annum from the date of respective payments. this order was passed because the premises given to the appellant was ultimately found to be unauthorized one and it was demolished on the orders passed by local municipal corporation. it is for this reason forum below directed the respondent to pay to the appellant amount of refund along with interest @18% per annum, besides forum below also awarded rs.50,000/- as compensation for mental harassment and rs.2,000/- by way of costs. we are finding no substance in the appeal filed by the appellant for enhancement of compensation. we find the award passed by the forum below is just, proper and sustainable and we find no reason to interfere in the said award. hence, we pass the following order: order (i) misc. application no.1120/2008 for condonation of delay is allowed. (ii) appeal stands dismissed. (iii) no order as to costs. (iv) copies of this order be furnished to the parties.

Full Judgment

Oral Order:-

Per Shri P.N. Kashalkar, Honble Presiding Judicial Member.

Heard Advocates.

(1) This appeal has been directed against the judgement/award passed by Consumer Disputes Redressal Forum, District Thane in Complaint No.98/2007 decided on 27.02.2008. The Forum below while allowing the complaint directed Respondent Builder to refund amount of Rs.3,61,000/- to the Complainant along with interest @18% per annum. Not satisfied with the inadequate compensation awarded by the Forum below, the Original Complainant has filed this appeal.

(2) There is delay of 64 days in filing this appeal. Delay is properly explained by the Appellant by filing Condonation of delay application, which is supported by Affidavit. He has also filed medical certificate in support of his claim that he was suffering from illness during the relevant time and therefore, there is delay of 64 days. We are inclined to condone the delay in filing this appeal by allowing the condonation of delay application without cost.

(3) We heard submissions of both the parties Advocates on merits. We are finding that Forum below has rightly considered the case of the Complainant and has passed award properly directing to pay Rs.3,61,000/- along with interest @18% per annum from the date of respective payments. This order was passed because the premises given to the Appellant was ultimately found to be unauthorized one and it was demolished on the orders passed by local Municipal Corporation. It is for this reason Forum below directed the Respondent to pay to the Appellant amount of refund along with interest @18% per annum, besides Forum below also awarded Rs.50,000/- as compensation for mental harassment and Rs.2,000/- by way of costs. We are finding no substance in the appeal filed by the Appellant for enhancement of compensation. We find the award passed by the Forum below is just, proper and sustainable and we find no reason to interfere in the said award. Hence, we pass the following order:

ORDER

(i) Misc. Application No.1120/2008 for condonation of delay is allowed.

(ii) Appeal stands dismissed.

(iii) No order as to costs.

(iv) Copies of this order be furnished to the parties.

Same Court & Year Maharashtra State Consumer Disputes Redressal Commission SCDR... Same Parties Mr. Anilkumar Dubey vs M/S. Mishra Builders and Developers Th... Same Subject Land Acquisition Same Judge Shri P.N. Kashalkar, Honble Presiding Judicial Member Smt...