M/S. G.A.C. Construction and Another Vs. Rajeev Ashok Bhatia - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111392
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnJun-18-2009
Case NumberFirst Appeal No.172 of 2008 @ Misc.Appl.No.270 of 2008 (In Consumer Complaint No.271 of 2007)
JudgeShri S.R. Khanzode, Hon’ble Presiding Judicial Member Mrs. S.P. Lale, Hon’ble Member
AppellantM/S. G.A.C. Construction and Another
RespondentRajeev Ashok Bhatia
Advocates:Mr. A.V. Patwardhan, Advocate for the Appellants. Mr. A.M. Moghe, Advocate for the Respondent.
Excerpt:
oral order:- per shri s.r. khanzode, honble presiding judicial member this appeal arises out of order/award dated 18/12/2007 passed in consumer complaint no.271/2007 mr.rajeev ashok bhatia v/s. g.a.c. construction and anr. by mumbai suburban district consumer forum (‘forum below in short). in the instant case, respondent/org. complainant agreed to purchase a residential flat no.706 in building known as “globe heights” being constructed by the appellants/o.ps. for consideration of rs.32,33,010/- as per agreement dated 25/07/2006. for want of documents, need to be supplied by the builder, requirements of the financial institution to raise loan are not complied with and therefore, this consumer complaint was filed. complaint was allowed as per impugned order/award and feeling aggrieved thereby, org. o.ps. preferred this appeal. with consent of parties, appeal is heard forthwith. we heard mr.a.v. patwardhan, advocate for the appellants/org. o.ps. and mr.a.m. moghe, advocate for the respondent/org. complainant. perused the record. the consumer complaint was decided ex-parte. considering the nature of reliefs granted and scope of section 14 of consumer protection act, 1986, we find it is a fit case where both the parties shall give an opportunity to contest this consumer complaint properly raising proper issues and thereafter, forum below shall decide the same according to the law. thus, finding it just and proper, we remit the matter and pass the following order :- order: 1. appeal is allowed. the impugned order/award dated 18/12/2007 is set aside. 2. matter is remitted back to the forum below with a direction that reasonable short opportunity be given to org. o.ps. to file their written statement, complainant can file a rejoinder thereof and then the forum below shall settle the consumer dispute according to the law. 3. matter be expedited and as far as possible to decide the same within three months from the date of receipt of the order. 4. both parties shall appear before the forum below on 24/07/2009. 5. the amount deposited while filing appeal be returned to the appellants. 6. misc. appl. no.270/2008 which is for stay, stands disposed of as infructuous. 7. appeal stands disposed of accordingly.
Judgment:

Oral Order:-

Per Shri S.R. Khanzode, Honble Presiding Judicial Member

This appeal arises out of order/award dated 18/12/2007 passed in consumer complaint No.271/2007 Mr.Rajeev Ashok Bhatia V/s. G.A.C. Construction and Anr. by Mumbai Suburban District Consumer Forum (‘Forum below in short).

In the instant case, respondent/org. complainant agreed to purchase a residential flat No.706 in building known as “Globe Heights” being constructed by the appellants/O.Ps. for consideration of Rs.32,33,010/- as per agreement dated 25/07/2006. For want of documents, need to be supplied by the builder, requirements of the financial institution to raise loan are not complied with and therefore, this consumer complaint was filed. Complaint was allowed as per impugned order/award and feeling aggrieved thereby, org. O.Ps. preferred this appeal.

With consent of parties, appeal is heard forthwith. We heard Mr.A.V. Patwardhan, Advocate for the appellants/org. O.Ps. and Mr.A.M. Moghe, Advocate for the respondent/org. complainant. Perused the record.

The consumer complaint was decided ex-parte. Considering the nature of reliefs granted and scope of Section 14 of Consumer Protection Act, 1986, we find it is a fit case where both the parties shall give an opportunity to contest this consumer complaint properly raising proper issues and thereafter, Forum below shall decide the same according to the law. Thus, finding it just and proper, we remit the matter and pass the following order :-

Order:

1. Appeal is allowed. The impugned order/award dated 18/12/2007 is set aside.

2. Matter is remitted back to the Forum below with a direction that reasonable short opportunity be given to org. O.Ps. to file their written statement, complainant can file a rejoinder thereof and then the Forum below shall settle the consumer dispute according to the law.

3. Matter be expedited and as far as possible to decide the same within three months from the date of receipt of the order.

4. Both parties shall appear before the Forum below on 24/07/2009.

5. The amount deposited while filing appeal be returned to the appellants.

6. Misc. Appl. No.270/2008 which is for stay, stands disposed of as infructuous.

7. Appeal stands disposed of accordingly.