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Judgment
By this application, under Section 22(2) of the Consumer Protection Act, 1986 (for short, the "Act"), the Appellant/Opposite Party in the Complaint, pray for review of the order, dated 13.12.2019 of this Commission. By the said order, the First Appeal No. 160 of 2015 filed by them against the order dated 13.10.2014 passed by the State Consumer Disputes Redressal Commission, Maharashtra in C.C.No. 07/79, was disposed of as settled. It was observed as under:-
" In the peculiar facts of the case, the learned Counsel for the parties have made a statement that the parties have arrived at an amicable settlement. As per the settlement, the Appellant shall handover peaceful vacant possession of a flat in the Neptune Project, closed to approximately 1628 sq. ft. carpet area. The Respondent/ Complainant shall not be liable to pay any further amount, except the Registration Charges for the flat, which is to be delivered to the Complainant. The Complainant shall be liable to pay the Maintenance Charges and Service Tax etc.
Learned Counsel for the Appellant has stated that on account of some objections raised by Indian Navy, the Occupation Certificate is not being issued though they are trying for it. Learned Counsel for the Complainant has made a statement that the possession of the flat, which is being handed over by the Appellant to the Complainant, shall be at the sole risk and responsibility of the Complainant and no claim whatsoever shall be made by the Complainant in future in respect of the said flat.
The possession of the flat and all documents etc., except the Occupation Certificate, be completed within four months. The entire amount of Rs.67 Lakhs and odd, if it is deposited with the State Commission, pursuant to the orders passed by this Commission, along with accrued interest, if any, shall be handed over to the Appellant within a month.
The amount of Stamp Duty, which has been deposited in the aforesaid amount of Rs.67 Lakhs and odd, shall be deductable from the actual amount of Stamp Duty, which is to be paid by the Complainant.
The Appeal stands disposed of."
The order, dated 13.12.2019 is sought to be reviewed on the following grounds:-
(i) No settlement to the effect recorded in the order, was reached between the parties.
(ii) In compliance of the order, dated 10.12.2019, an affidavit was filed by the Appellant to the effect that due to the objection taken by the Indian Navy, no construction activities can be carried out in the vicinity in question and in the fairness of justice, the amount deposited by the Complainant can be directed to be refunded to him along with interest @ 9% p.a. as per the provisions of Section 8 of the Maharashtra Ownership of Flat (Regulation of the Promotion of Construction, Sale, Management and Transfer), Act, 1963;
(iii) In case the Complainant is not ready for refund of the deposited amount, the matter can be decided on its merit;
(iv) Construction work of the Project in which the Appellant has been directed to give a flat to the Complainant, has not been started so far in absence of NOC from Indian Navy and as such the order dated 13.12.2019 is not executable;
We do not find any substance in the Review Application. The First Appeal was disposed of by a consent order in the presence of the Counsel appearing for both the parties. The plea now taken by the Appellant that no amicable settlement has arrived at between the parties cannot be, by any stretch of imagination, construed as an error apparent on the face of the record, falling within the ambit of section 22(2) of the Act. Consequently, the Application is dismissed as devoid of any merit.
The Registry is directed to communicate this order to the Applicant/Appellant.