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D.K.JAIN, M.SHREESHA
Mahalasa Builders – Appellant
Versus
Kamalakar Nathan Chakranarayan – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Parveen Satale, Advocate
For the Respondents:Mr. L.D. Joshi, Advocate

ORDER

D.K. Jain, J., President—This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986, (for short, the “Act”) has been preferred by a real estate developer, Opposite Party in the Complaint, questioning the correctness and legality of the order, dated 23.10.2008, passed by the Maharasthra State Consumer Disputes Redressal Commission at Mumbai (for short “the State Commission”) in First Appeal No. 577 of 2008. By the impugned order, while affirming the direction of the District Forum to the Complainants to pay the balance sale consideration before the possession of the flat in question is delivered to them by the Petitioner, the State Commission has set aside the direction regarding payment of interest @ 18% p.a. by them on the balance consideration.

2. The Complainants had booked with the Petitioner a flat bearing No. 106, on First Floor in the building known as “Atharva Residency”, situated at Survey No. 82/1-A/4, Sangvi, Taluka-Haveli, District Pune, for a total sale consideration of Rs.8,89,075/-. An Agreement To Sale was executed in their favour by the Petitioner on 12.05.2006. Out of the total consideration, an amount of Rs.2,00,000/- was paid by the Com




















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