Siddhivinayak Developers v. Ravindra Sakharam Gurav
1999-08-02
G.R.BEDGE, RAJYALAKSHMI RAO
body1999
DigiLaw.ai
JUDGMENT - G.R. BEDGE, MEMBER:---The appellant Developers are challenging the order of the District Forum, Thane in Complaint No. 180/97. The District Forum has directed the appellants to pay an amount of Rs. 50,000/- by way of damages and on their failure to pay the said amount within a period of 2 months from the receipt of the order, that amount would carry 12% interest. The facts of the case in brief are that on 17-11-92, the appellant agreed to sell Flat No. 302, A Wing on the 3rd floor of a building under construction at Gokuldas Wadi, Khopat, Thane for a consideration of Rs. 1,05,000/- admeasuring 390 sq.ft. The construction started in the year 1991. The appellant completed the B Wing of the Project but delayed the construction of "A" Wing. The respondent/complainant offered to supply building material worth Rs. 40,000/- to the appellants for the completion of the work. The appellants have acknowledged the receipt of this building material and promised to hand over the possession on or before 15-9-96 but failed to do so. The complainants have submitted the necessary documentary evidence and their affidavit in support of their claim. The O.P. did not appear before the District Forum in spite of notice. The Postal acknowledgement was placed on the record of the District Forum. Since the appellants had chosen to remain absent, the complaint proceeded ex parte against them. Therefore, the impugned order came to be passed. 2. The appellants have been represented by Shri K.N. Singh, Advocate. The respondent represented himself. They are heard. The learned Counsel for the appellant drew our attention to one writing allegedly exchanged between the parties and tried to convince us that the matter was settled and that the respondent/complainant was supposed to withdraw the complaint. However, he has failed to do so and has approached the Forum to recover the money twice. The respondent has submitted a detailed note of arguments with copies of 14 documents as per the list. They were supplied to the appellant. The learned Counsel for the appellants drew our attention to the writing of 14-1-98 and stated that this amount was paid and the matter was settled while the respondent submitted that this transaction has nothing to do with the claims made by him for the abnormal delay of 7 years in handing over the possession of the flat to the complainant.
We have carefully seen this paper and we are unable to accept the forceful argument made by the learned Counsel for the appellant that as per this writing of 14-1-98, the amount has been paid on 23-6-98 while the order of the Forum has been passed on 18-4-98. But the learned Counsel miserably failed to show us any satisfactory documentary evidence in support of his submissions. The impugned order has been passed on 18-4-98 and the amount payable by the appellants is Rs. 50,000/- and interest thereon if they fail to pay it within 2 months. The learned Counsel further failed to explain to us as to why the appellants remained absent before the District Forum when they were duly noticed. The copies of the documents submitted by the respondent/complainant speak volumes about the delay and harassment caused by the appellant to the respondent/complainant. The District Forum has considered all the aspects of the complaint thoroughly although the appellants were not present before it. It has passed a reasoned order and we do not find any reason to tinker with the same. Therefore, the following order. ORDER "The appeal is dismissed. The order of the District Forum is confirmed. No order as to cost." Appeal dismissed.