V J DESHMUKH Vs. PREMIER BUILDERS

JUDGEMENT

(1.) THE seven complainants named above filed this complaint against the builder alleging the deficiencies in the service of the builder M/s Premier Builders and its partners. THE complainants are various retired Government servants and other employees who had booked the flat each with M/s Premier Builders, a partnership firm of which three opposite parties are partners. According to the complainants, they paid the entire consideration for their flats and they have been allotted respective flats. According to the complainants, although they paid the full amount of the consideration of flats, the opposite party on some or the other reasons delayed the possession. THEreafter, the complainants demanded that the flats be registered in their names as per the terms of agreement. THE complainants further alleged that the opposite party started demanding Rs. 10,000/- from each of the complainants without any reason. Ultimately, as per the intimation of the opposite party, the complainants in the month of February, 1990 attended the Office of the Registrar of Documents for getting the sale deeds executed but the Registration could not be done as no objection certificate from the Nagpur Improvement Trust was not obtained by the opposite party. Thus according to the complainant, the opposite party did not render proper service as per the terms of agreement and there are the following deficiencies in the service of the opposite party.

(2.) BOTH the parties filed various documents viz. the agreement, deed of partnership, and various other papers and their respective affidavits.

(3.) THE opposite party shall refund to each of the complainants Rs. 10,000/- towards the Registration charges and formation of the association charges. This amount shall carry interest from the date of receipt by the opposite party till payment at the rate of 18% p.a. THE opposite party shall pay to each complainant Rs. 2,500/- as compensation. THE opposite party shall grant to the complainants Rs. 500/- as costs. THE rest of the claims of the complainants are rejected. Order accordingly.