State Consumer Disputes Redressal Commission
Sou.Kanchan Nivrutti Chavan-Patil And ... vs Sou.Anjali Surendra Sardar on 31 January, 2009
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO.1571 OF 2008 Date of filing : 15/12/2008 IN CONSUMER COMPLAINT NO.295/2006 Date of order : 31/01/2009 DISTRICT CONSUMER FORUM : SANGLI @ MISC.APPLICATION NOs.2214& 2215/2008 1. Sou.Kanchan Nivrutti Chavan-Patil 2. Shri Nivrutti Yashwant Chavan-Patil Both R/o.Shri Sadguru Bunglow Samrudhinagar, Near Laxmi Temple Kupwad Road, Vishrambag, Sangli Appellants/org.O.P.nos.2&3 V/s. 1. Sou.Anjali Surendra Sardar R/o.Flat no.A.W.4 Kalpataru Housing society, Miraj Road Sangli, Through Power of Attorney holder Shri Prabhatkumar R.Salavi Respondent/org.complainant 2. Kalpataru Co-op.Housing Society Ltd. Opp.Govt. Guest House Vishrambag, Sangli 3. Shri Anil Shantilal Bafna R/o. Opp.Govt. Guest House Vishrambag, Sangli 416 416 4. Shri Manjit R.Bhatiya R/o.Sangli Indore Road lines Vishrambag, Sangli 416 416 5. Shri Suresh Prataprao Rochlani R/o.Osian Electrical, Harbhat Road, Sangli 416 416 6. Shri Madhukar Shankar Koshti R/o.Near Willingdon College Vishrambag, Sangli 416 416 ..Respondents/org.O.Ps Corum: Justice Mr.B.B.Vagyani, Honble President Mr.S.R.Khanzode, Honble Judicial Member Present: Mr.B.M.Patil-Advocate for the appellant. Mr.M.S.Kumthekar-Advocate @ Mr.K.T.Pawar-Advocate for the respondent no.1/org.complainant Mr.H.R.Yadav-Advocate for respondent nos.2 to 6. : ORDER:
Per Justice Mr.B.B.Vagyani, Honble President
1. Heard Mr.B.M.Patil-Advocate for the appellant. Mr.M.S.Kumthekar-Advocate @ Mr.K.T.Pawar-Advocate for the respondent no.1/org.complainant and Mr.H.R.Yadav-Advocate for respondent nos.2 to 6.
2. This appeal filed by original O.P.nos.2 & 3 in consumer complaint no. 295/2006 is directed against the order dated 03/12/2007 passed by District Consumer Forum, Sangli. District Consumer Forum allowed the consumer complaint and directed present appellants to execute Conveyance deed in favour of the complainant. District Consumer Forum further directed to pay Rs.100/- per day, if Conveyance deed is not executed. District Consumer Forum has awarded Rs.10,000/- by way of compensation for mental harassment to the complainant, besides Rs.2000/- by way of cost of the proceedings.
3. There is delay of 11 months in filing the appeal. Therefore application for condonation of delay is filed. Prayer for condonation of delay is strongly opposed by the Advocates of respondents on the ground of inordinate delay. No doubt delay is inordinate. But we are inclined to condone the delay taking into consideration illegality committed by the District Consumer Forum. District Consumer Forum has entertained the complaint treating the complainant as a Consumer. In fact no consumer dispute is involved in the so called consumer complaint. Misc. application no.2214/2008 is allowed. Delay is condoned on payment of cost of Rs.1000/- each to be paid to the respondent nos.1 & 2.
4. We carefully examined the correctness of the order in the light of material placed on record, particularly, Agreement for Sale dated 30/4/1997. District Consumer Forum has made reference of this Agreement for sale in the judgement. District Consumer Forum has also observed in the body of the judgement that the Agreement for sale is perused. It appears that the District Consumer Forum cursorily perused the recitals of the Agreement for sale without application of mind. If mind would have been applied, the District Consumer Forum would not have entertained the so called consumer complaint.
5. Recitals of the Agreement for sale dated 30/4/1997 would clearly go to show that the two flats were purchased by the present appellants from the Chairman of the Kalpataru Housing Society Ltd., Sangli. They are members of Co-operative Housing Society. It is stated in the Agreement for Sale that the appellants have paid Rs.2,30,000/- to the Kalpataru Co-op. Housing society as a consideration for two flats. Appellants were not in a position to complete the sale transaction. They decided to sell the flat to the original complainant. The transaction with regard to immovable property is made between purchaser and owner of the immovable property. Complainant has not purchased a flat from Kalpataru Co-op. Hsg. Society. There is no privity of contract between complainant and Kalpataru Co-op. Hsg. Society. The complainant is not the member of Co-operative Housing Society. The present appellants are not carrying on business of construction. They are not traders. They are not service providers. Therefore, complainant is not a Consumer. No consumer dispute is raised in the so called consumer complaint. Complaint filed by respondent no.1 therefore is liable to be dismissed.
6. During course of arguments, it is transpired that the amount received from the complainant is made over to Kalpataru Co-op.Hsg.Society. The Kalpataru Co-op. Hsg. Society admits to have received Rs.65,000/-. The price of the flat is Rs.1,80,000/-. Ld.Advocate Mr.H.R.Yadav for Kalpataru Co-op. Hsg. Society conveyed to us during course of arguments that if entire consideration is paid to the Co-op. Hsg. Society, Kalpataru Co-op. Hsg. Society is ready to execute Conveyance deed in favour of the complainant. We asked Ld.Advocate Mr.Kumthekar for the complainant as to whether the proposal made by Advocate of the Co-operative Housing Society is acceptable to his client. Complainant is not ready to pay entire consideration to the Kalpataru Co-op. Hsg. Society. Therefore question of giving direction to the Kalpataru Co-op. Hsg. Society to execute conveyance deed in favour of the complainant does not arise. In the result, we pass following order:-
ORDER
1.
Misc.
application no.2214/2008 is allowed. Delay is condoned on payment of cost of Rs.1000/- each to be paid to the respondent nos.1 & 2.
2. Appeal stands allowed.
3. Impugned order under challenge is quashed and set aside.
4. Complaint stands dismissed.
5. Amount, if any deposited by the appellants be refunded to the appellants.
6. Misc.
application no.2215/2008 stands disposed of.
7. Copies of the order be furnished to the parties.
(S.R.Khanzode) (B.B.Vagyani) Judicial Member President Ms.