GOPAL D.MAHGAONKAR vs BOMBAY HOUSING AND AREA DEVELOPMENT BOARD

THIS complaint relates to the delay in handing over the shop premises to the complainant. The complainant alleged that he paid the necessary amount to the opposite, party for the purchase of readymade shop premises for the consideration of Rs. 50,000/-. According to complainant the opposite party agreed to place him in possession in May, 1990. Since complainant could not get possession within the stipulated period he approached this Commission alleging the deficiency in the service of the opposite, party in handing over to him the possession of the shop. The complainant has claimed Rs. 50,000/- as compensation on account of delay in handing over the possession and interest at the rate, of 18% p.a. on amount paid to the opposite party. The complainant also claimed the amount of Rs. 1,000/- as costs of this complaint.

DURING the proceedings of this complaint, it transpired that the possession could not be given to the complainant as occupation certificate was not available to the opposite, party from the Bombay Municipal Corporation. The said occupancy certificate was received on 4.1.1992. The complainant has stated today before us that he received the possession of the shop on 7.3.92. The delay in handing over the possession of the shop to the complainant has been properly explained by the opposite party and, therefore, the complainant is not entitled to get any compensation on this ac count. However, we find that the complainant had to approach this Commission for the redressal of this grievance and has claimed Rs. 1,000/- as costs. We find that the complainant is entitled to receive the cost of Rs. 1,000/- from the opposite party for taking the troubles of filing the complaint for the redressal of his grievance. Under these circumstances we pass the following order:- ORDER The complainant''s claim for the compensation of Rs. 50,000/- is rejected. Similarly, the claim of complainant for the interest at the rate of 18% p.a. on the paid amount is also rejected. However, the complainant be granted Rs. 1,000 (Rs. One thousand only) as costs of the appeal to be paid by the opposite party within 30 days from today. Only cost awarded.