Per-Honble Mr. Justice A.P.Bhangale, President
[1] Heard Respondent/complainant who appeared in person. He had applied for preponing this appeal as he is senior citizen. By order Dt. 2/2/2017 the Appeal was preponed directing the Respondent to remain [A/15/897] present and argue the matter. Appellant was intimated about todays hearing date by RPAD.
[2] According to Respondent/complainant Appellant/Opposite party are remaining absent in the Appeal as they were held guilty of deficient services and they were directed to repair the terrace of disputed building within three months. According to the Respondent he is residing in Flat No. 609 in the B-1 Building of Devadig Co-Operative Housing Society Ltd., C wing, at Om Nagar, Near Sahar Pipeline Road, Andheri (E), Mumbai 400 099. According to the complainant the Opposite party has deliberately disobeyed final order on some pretext or the other because Respondent being helpless senior citizen aged about 88 yrs old. Even compensation was not paid despite clear Order in favour of the complainant. Forum has also granted compensation in the sum of Rs.50,000/- and costs of complaint in the sum of Rs.10,000/- as per the award. If the same remained unpaid interest @ 18% p.a. on the outstanding dues was awarded. As also Opposite party were liable to repair the terrace of the building so as to restore it in good condition. We feel that simply by filing Appeal and by repeatedly remaining absent, opposite party could not delay the implementation of final order. We find that impugned order was well reasoned order and meeting all the points which were raised regarding deficiency in service. Ld. Forum therefore noted the facts in respect of condition of terrace, loss of house hold articles due to rain water leakage through the terrace and rightly directed [A/15/897] the opposite party to comply with the final order as to repairs of the terrace, payment of compensation, costs of litigation and awarded interest in default of compliance. We therefore, dismiss this Appeal so that senior citizen aged about 88 yrs. can approach Ld. Forum below with application for execution so as to ensure obedience to the final Order as early as possible from the opposite party. Appeal is therefore dismissed. Opposite Party shall pay further costs of this appeal in the sum of Rs.25,000/- [Rupees Twenty Five Thousand only] to the Respondent for defending this Appeal.
[3] One set of Appeal compilation be retained and rest be returned to the Appellant. Certified copy of order be supplied to both the parties free of cost. Pronounced on 28th February, 2017. [JUSTICE A.P.BHANGALE] PRESIDENT [D.R.SHIRASAO] JUDICIAL MEMBER
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