Pawar has also been directed to pay a compensation of Rs 1,000 per month from August 10, 1994, to the complainant each month till full realisation.According to the case brief, Pawar took Rs 30,000 from Wakade as earnest amount for the resale of a 275 sq feet flat situated at Sudarshan Apartments, Shaniwar Peth. However, the flat was occupied by the relatives of Pawar and they refused to move out. Pawar then asked Wakade to give up the transaction but did not return the earnest amount.

He promised to sell another flat of 431 sq feet in Sadashiv Peth to Wakade. Accordingly, Pawar executed an agreement in favour of Wakade on September 21, 1990. The price of the flat was agreed at Rs 1,50,850 and thecomplainant paid in all Rs 1,03,000 from time to time. It was agreed between the parties that the possession of the flat was to be handed over within a year from the date of the agreement.

Still, even after a lapse of two years, there was no improvement in the construction of the flat. The opponent executed a supplementary agreement in favour of the complainant on August 9, 1993, with a condition that the possession of the flat would be handed over within a year of the supplementary agreement and the complainant was to pay the balance consideration of Rs 47,850 to the opponent. In case the delivery of the possession of the flat was not handed over within one-year of the supplementary agreement, then the complainant would be paid Rs 1,000 every month after completion of one-year from supplementary agreement, this being agreed to by the parties.

The opponent did not hand over possession of the flat to the complainant who then resided as a tenant in one-room at Shaniwar Peth.

The order in the case was delivered by forum president K D Kochargaonkar and members S S Pendse and S S Oak.