S.B. Mhase, President—Heard Mr. A.V. Patwardhan-Advocate for the appellant & Mr. C. P. Deogirikar Advocate for the respondent.

2. This appeal arises from the decision of consumer complaint No.138/2005 decided by the District Consumer Disputes Redressal Forum, Thane. It is interesting to note that initially by order dated 2.1.2006, the complaint was partly allowed and the appellant was directed to pay Rs.20,000 by way of compensation with an interest @ 9% p.a. on the amount of compensation awarded along with cost of Rs.5,000. It was further directed by the District Consumer Disputes Redressal Forum that the above order shall be obeyed within 60 days from the date of receipt of the order, failing which appellant shall be liable to pay an additional penal interest @ 3% p.a. from the date of agreed possession i.e. from 10.5.2002 till complete satisfaction. This order was passed against the appellant ex-parte. Thereafter, it appears that the original complainant/respondent had preferred an application to the District Consumer Disputes Redressal Forum seeking modification in the order. That application was entertained being MA/1/2006 and in the said misc. application, further order w