NEELKAMAL BUILDERS vs VARSHA ROHIDAS KALAMKAR

WE are proceeding to dispose of this appeal at the stage of admission itself on hearing the Advocates of the parties and on perusal of the records, made available in the appeal paper book.

AT the outset, we wish to record that apart from the fact that this appeal is meritless, the conduct of the appellant as would be briefly pointed out, is such requiring stringent action. However, today the matter has reached such an impasse that while dismissing the same in limine at the same time in interest of justice to the respondent i.e. original complainant and flat purchaser certain safeguards would require to be provided as we cannot blink our eyes of adverse effect thereof on the Flat purchaser which would inflict further injury and as such injustice to the complainant.

(For brevity''s sake the appellant hereinafter are referred to as ''Builders'' and the respondent as ''Flat purchaser''). The Builders are the appellants who have challenged the order dated 30.10.2002 passed by Addl. District Forum, Nagpur holding them deficient in rendering services vis-a-vis Flat purchaser in not handing over the possession of the flat despite payment of substantial consideration by the Flat purchaser.

ADDL. District Forum, Nagpur therefore, noticed the said facts and on being satisfied has made an award, in the first instance ordering the Builders to hand over the possession of the Flat to the Flat purchaser and awarded compensation of Rs. 10,000/-. Against the said order this appeal has been filed. It was not the end of the matter at the stage before the Addl. District Forum, Nagpur. The Builders curiously and strangely moved an application being No. 16/2003 before the Addl. District Forum after passing the impugned order of this appeal, coming out with the stand that they have already disposed of the flat earmarked to the Flat purchaser, in the year 1998. Shocking and strangely, this was not the case made out and represented by the Builders in the Written Statement filed before the Addl. District Forum, Nagpur in answer to the case and claim of the Flat purchaser in the complaint, which was for seeking possession. Vide application, the Builders prayed, since they had sold the flat to the 3rd party, they were not in a position to hand over the possession to the Flat puchaser. The Addl. District Forum, however, has proceeded to reject the said application vide its order dated 22nd January, 2003 copy of which is made available in the appeal paper book.

IT would, thus, be noticed that notwithstanding such gross facts, the Builders had audacity to file the appeal hereinbefore this Commission, challenging the order of the Addl. District Forum, Nagpur for possession. In view of such a gross conduct, which is not only reprehensible but dishonest and fraudulent one and as such would certainly constituting deficiency in service within the meaning of Section 2(1)(g) of CPA, 1986. That being so, we are proceeding to dismiss the appeal with cost of Rs. 10,000/- the complainant-Flat purchaser. Further, as observed earlier, in the interest of justice, we are providing liberty to the Flat purchaser-the original complainant to seek and adopt proper proceedings in the changed scenario before the Addl. District Forum for appropriate reliefs and we clarify that the disposal of the complaint as also the appeal herein shall not operate as an impediment to the complainant adopting such remedy. Order (i) Appeal stands dismissed. (ii) Appellant shall pay the cost of this appeal to the complainant quantified at Rs. 10,000/-. Appeal dismissed.