MADHU CHANDRASHEKHAR ACHARYA vs ANANT THAKKAR

THIS appeal filed by org. complainant in Consumer Complaint No. 484/1994 is directed against the order dated 7.3.1998 passed by District Consumer Forum, Thane, whereby the Forum below directed the builder to execute the Conveyance Deed in favour of the complainant on receiving remaining part consideration of Rs. 2 lakh.

WE heard Mr. A.V. Patwardhan, Advocate for the appellant and Mrs. D.K. Juvekar, Advocate for the respondent. We carefully perused the impugned order under challenge.

The complainant booked a flat in SAPPHIRE Building in Nayan Sagar Project of the O.P. The builder was supposed to deliver possession of the flat admeasuring 548 sq. ft. to the complainant immediately after completion of construction. The total price of the flat was Rs. 2,34,000. The flat was delivered to the complainant. The builder did not convey the title to the purchaser. He claimed additional amount. Therefore, the purchaser filed consumer complaint before the Forum below.

THE said complaint was resisted by the builder. It appears from the record particularly the judgment that both the parties left the dispute to be resolved by the Forum below. THE Forum below therefore found out the equitable resolution taking into consideration the liability of both the parties. THE market rate of the flat in the area was Rs. 700 per sq. ft. THE builder demanded rate of Rs. 450 sq. ft. As per this rate price comes to Rs. 2,47,500. THE area of the flat was 550 sq. ft. THE builder has already received partial consideration of Rs. 1 lakh. THE Forum below has taken into consideration the non-payment of remaining part of consideration to the builder. THE substantial amount was not paid by the purchaser. THE Forum below after taking into consideration the non-payment of remaining amount of consideration directed the complainant to pay Rs. 2 lakh. THE builder was supposed to receive remaining part of consideration in May 1994. THE possession was delivered to the purchaser on 22.6.1994. Till the date of decision, remaining consideration was not paid by the purchaser to the builder. THErefore, the Forum below directed the builder to execute the Conveyance Deed in favour of the complainant after receiving remaining consideration of Rs. 2 lakh. THE Forum below has tried to achieve equilibrium on the basis of equity of both the parties and passed the impugned order. When the matter was left to the Forum below to be resolved, after resolution, parties cannot be allowed to go back and to add fuel to the litigation. We are, therefore, not inclined to interfere in the order passed by the Forum below. In the result, we pass the following order : ORDER 1. Appeal stands dismissed with no order as to costs. 2. Copies of the order be furnished to the parties.

Appeal dismissed.