C. B. Sao v. President, Panchatara Gruha Nirman Sahakari Sanstha, Nagpur 2. Secretary, Panchatara Gruha Nirman Sahakari Sanstha, Nagpur
1994-04-06
G.G.LONEY, M.G.GAVAI
body1994
DigiLaw.ai
JUDGMENT- Justice G.G. LONEY, President:---This is an appeal against the order of District Forum, Nagpur dated 25-7-1991 passed in Complaint No. 220 of 1990. The appellant here was a complainant before the District Forum and alleged deficiency in the service of the opposite parties. There were two opposite parties viz. 1) President, Panchatara Gruha Nirman Sanstha and the Secretary of the same society. The complainant alleged in his complaint that he had hired the services of opposite parties for the allotment of a plot for a consideration and had actually paid Rs. 18,500/- by instalment. The complainant alleged that despite having made the aforesaid payments the opposite party did not execute the sale deed in his name. The complainant, therefore, claimed the compensation of Rs. 50,000/- for harassment. 2. The opposite party failed to appear before the District Forum and also failed to file their written version in reply to the allegations made by the complainant. The District Forum, therefore, proceeded ex-parte and by the impugned order directed the opposite party No. 1 to pay Rs. 18,625 to the complainant with interest. 3. The aforesaid order has been challenged by the complainant on the ground that although the finding has been reached by the District Forum about the negligence in the service of both the opposite parties, the operative order is based against the opposite party No. 1 only. In this appeal, therefore, the appellant claimed that while maintaining the finding of negligence on the part of the two parties, the operative part of the order shall be binding on both the opposite parties. 4. We heard the appellant in person whereas the respondent remained absent. On going through the impugned order and after hearing the appellant, we are satisfied that there is mistake in the operative part of the order of the District Forum in as much as the finding of negligence has been reached against both the opposite parties but the operative part binds Opposite Party No. 1 alone. Hence, the finding of the District Forum requires to be modified to the extent that both the opposite parties be made liable for the payment of the aforesaid amount to complainant. Hence, we pass the following order : Order 5. The appeal is allowed. The impugned order is modified to the extent that both the respondents are directed to pay the amount of Rs.
Hence, we pass the following order : Order 5. The appeal is allowed. The impugned order is modified to the extent that both the respondents are directed to pay the amount of Rs. 18,625/- to the complainant with interest jointly and severally to the complainant within 30 days from the receipt of this order failing which it shall carry interest at the rate of 18% p.a. till realisation. Appeal allowed. *****