ORDER

1.       This appeal (execution) under Section 27A of the Act 1986 is in challenge to the Order dated 29.07.2019 passed by the State Commission in execution application no. 26 of 2017 in complaint no. 204 of 2014.  

2.       We have heard the learned counsel for the appellant (the ‘complainant’) and for the respondents (the ‘directors’ of the ‘developer co.’) and have perused the record.

3.       Complaint no. 204 of 2014 was allowed by the State Commission vide its Order dated 14.09.2016.  The award made, as contained in para 13 of the said Order, is reproduced below for reference:

1. Consumer complaint is allowed with costs quantified at Rs.15,000/- (Rupees Fifteen Thousand only) to be paid by the opponent to the complainants.

2.  Opponent is directed to hand over possession of row-house bearing No.8 admeasuring 74.53 sq.mtr. (802 sq.ft.) BU, on plot survey No.96, Hissa No.6/14 at Village Mouje Nirwade, Tal. Sawantwadi to the complainants with all necessary documents after receipt of remaining consideration of Rs.1,31,200/- (Rupees One Lakh Thirty- One Thousand Two Hundred only) within two months. Complainants are directed to pay remaining consideration of Rs.1,31,200/- (Rupees One Lakh Thirty-One Thousand Two Hundred only) to the opponent within two months from the date of order. If opponent refused to accept said amount, deposit the same in this Commission under intimation to the opponent. Within two months from the date of receiving remaining consideration from the complainants or intimation of deposit of it in the State Commission, the opponent should hand over possession of said row-house to the complainants.

3.  Opponent is directed to pay Rs.50,000/- (Rupees Fifty Thousand only) towards mental agony and Rs.50,000/- (Rupees Fifty Thousand only) towards financial loss to the complainants within two months from the date of this order.

4.  One set of the complaint compilation be retained and rest of the sets be returned to the complainant.

5.  Copies of the order be furnished to the parties.  

Appeal no. 1497 of 2016 filed under section 19 of the Act 1986 by the developer was disposed of by this Commission vide its Order dated 20.09.2018. The observations and directions made, as contained in paras 3 to 10 of the said Order, are reproduced below for reference:

3.  When the appeal was taken up by this bench on 06-12-2016, the following Order was passed:

        “Heard the learned counsel for the appellant.

         “He stated that in terms of the order of the State Commission, the appellant had already received the amount of Rs. 1,31,200/- and already made attempts to handover the possession on 03.12.2016 and they were prepared to handover the possession of the property, subject to fulfilling the paper formalities by the complainant.  However, they were aggrieved with the order of the State Commission by which, compensation had been awarded to the complainant in para 1 and 3 of the operative part of the order. 

“Issue notice to the respondent limited to the direction given in para 1 and 3 of the impugned order returnable on 27.04.2017.

“The operation of the para 1 and 3 of the impugned order is stayed, subject to deposit of 50% of the amount awarded with the State Commission, unless already deposited, which shall be kept in the shape of an FDR initially for a period of one year.”

 That is, the notice of the appeal to the respondent was limited to the direction given in paras 1 and 3 of the impugned Order of the State Commission.

4.   Today, during arguments, learned counsel for the appellant submitted that having regard to what was recorded on 06.12.2016, he is limiting his prayer to only paras 1 and 3 of the impugned Order.

5.    We note that the substantive dispute, which relates to payment of the remaining consideration by the complainant to the builder co. and handing over of the possession of the subject property by the builder co. to the complainant, as recorded in para 2 of the impugned Order, has not been disputed or agitated