VISHWANATH SANJEEV SHETTY AND ORS. Vs. VIJAYA R. PENKAR AND ORS.

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Consumer Disputes Redressal Forum, Thane, partly allowing consumer complaint No. 43/2008 and directing the appellants to deliver possession of the bungalow on receipt of balance of consideration of Rs. 56,250/ - as also to pay to the complainant interest @ 18% p.a. on Rs. 10,68,750/ - from the date of complaint till delivery of possession and if the possession is not delivered within three months, to pay further penalty of Rs. 1000/ - per day. Appellants were also directed to pay compensation for mental harassment quantified at Rs. 3,00,000/ - and costs quantified at Rs. 50,000/ -. Facts which are material for deciding this appeal are as under: - -

(2.) The complainant had booked a plot on which bungalow was to be constructed by the appellant at the cost of Rs. 11,25,000/ -. Possession of the bungalow was not delivered within time agreed to. Appellants allegedly avoided delivery of possession claiming further amount of Rs. 3,70,000/ - towards additional amenities. The complainant therefore filed the complaint seeking delivery of possession or in the alternative, compensation quantified at three times the cost of the bungalow, further compensation of Rs. 5,00,000/ - and costs quantified at Rs. 1,00,000/ -.

(3.) The complaint was contested by the appellants/original opponents by submitting that the complaint was beyond the jurisdiction of the District Forum as the amounts of three times the value of the bungalow would be beyond the pecuniary jurisdiction of the District Forum. It was also stated that the appellants had spent a sum of Rs. 3,70,700/ - on the additional amenities, which the complainant had not paid and, therefore, complaint was not tenable.