State Consumer Disputes Redressal Commission
M/S.Gariba Construction Co. vs Malad Dipti Apartments Co-Op.Housing ... on 21 June, 2008
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE FIRST APPEAL NO.537/2008 Filed on : 05/4/2008 IN CONSUMER COMPLAINT NO.243/2006 Date of order: 21/6/08 DISTRICT CONSUMER FORUM, SOUTH MUMBAI MISC.APPLICATION NO.775/2008 M/s.Gariba Construction Co. 13, Ashmuko Building 395/97, Narsi Natha Street Mumbai 400 003 .Appellant/org.O.P. V/s. Malad Dipti Apartments Co-op. Housing Society Ltd. Khoti Village, Malad Mamlatdar Wadi Road no.5 Malad (West), Mumbai 400 064 .Respondents/org.complainants Corum: Justice Mr.B.B.Vagyani, Honble President Smt.S.P.Lale, Honble Member
Present: Mr.M.S.Naik-Advocate @ Mr.U.B.Wavikar-Advocate for the appellants.
Mr.Kiran Patil-Advocate for the respondents ORAL ORDER Per Justice Mr.B.B.Vagyani, Honble President Mr.Prashant Pandit-Advocate wants to place on record application for withdrawal of appearance on behalf of the appellants. Appellants have already appointed Mr.M.S.Naik-Advocate @ Mr.U.B.Wavikar-Advocate. Mr.Pandit has no objection. Mr.Pandit is allowed to withdraw his appearance.
Heard Mr.M.S.Naik-Advocate @ Mr.U.B.Wavikar-Advocate for the appellants. Issue notice to the respondents. Mr.Kiran Patil-Advocate for the respondents waives service of notice.
There is delay of 78 days in filing the appeal. Therefore application for condonation of delay is filed. It is stated in the application for condonation of delay that appellant Mr.Bimal Gariba was not well and therefore, he could not file appeal in time. In support of prayer for condonation of delay, medical certificate is placed on record. Expression sufficient cause is to be interpreted liberally. We are therefore inclined to condone the delay on payment of cost.
Misc.application no.775/08 is allowed. Delay is condoned on payment of cost of Rs.1000/- to be paid to the other side.
We carefully examined the correctness of the order. There is no serious dispute with regard to compliance to be made by the present appellant. It is an admitted fact that the appellant failed to execute the conveyance in favour of Co-operative Housing Society. Similarly, Forum below directed present appellant to obtain Occupancy certificate. Builder has not executed Conveyance deed since long. Forum below therefore rightly directed to award Rs.15,000/- by way of compensation.
Limitation issue was discussed in the body of the judgement. However, appellant is ready to comply the order. Therefore there is no hitch in compliance of the order. In the result, we pass following order:-
ORDER
1.
Misc.application no.775/08 is allowed. Delay is condoned on payment of cost of Rs.1000/- to be paid to the other side.
2. Appeal stands dismissed summarily.
3. Appellant shall comply the order of the District Consumer Forum within a period of 2 months from today.
4. Execution of the order of District Consumer Forum be stayed till then.
5. No order as to costs.
6. Pronounced and dictated in the open court.
7. Copies of the order herein be furnished to the parties.
(S.P.Lale) (B.B.Vagyani) Member President Ms.