LAWS(NCD)-2012-10-8

SUNIT ENTERPRISES Vs. MOHANLAL N JOGI

Decided On October 08, 2012
SUNIT ENTERPRISES Appellant
V/S
MOHANLAL N JOGI Respondents

JUDGEMENT

(1.) These revision petitions have been filed by the petitioners-Complainants against the order dated 11.10.2010 passed by the learned Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission') in F.A.No. 1080/2010 M/s. Sunit Enterprises & Anr. Vs. Mohanlal N. Jogi & Anr. and in F.A. No. 1081/2010 - M/s. Sunit Enterprises & Anr. Vs. Champaklal N. Jogi by which both the appeals were dismissed in limine and orders passed by the District Forum were upheld.

(2.) Brief facts of the case are that petitioners/complainants filed separate complaints before the District Forum and alleged that one flat was booked for Rs.17,00,000/- with the OP-petitioner out of which Rs.15,50,000/- / Rs.8,50,000 were paid and as per agreement, OP was to handover possession of the flat on 31.12.2000 and this period was extended for another 3 years but possession was not handed over, hence, complainants filed complaints before the District Forum praying possession of the flat and in the alternate to refund money along with 24% p.a. interest. Learned District Forum while allowing complaints ordered to refund Rs.15,50,000/- / Rs. 8,50,000/- along with 18% interest p.a. from the date of payment till realization. Petitioner challenged order of the District forum before the State Commission and the learned State Commission vide impugned orders dismissed appeals in limine and uphold the order awarding 18% p.a. interest.

(3.) Heard the learned Counsel for the parties and perused record.