SETH DEVELOPERS LTD. Vs. SUNITA BHARAT SALUNKHE

JUDGEMENT

(1.) BEING aggrieved by the common judgment and award passed by District Consumer Disputes Redressal Forum, Mumbai Suburban in consumer complaint Nos. 310/2007, 311/2007 & 312/2007 decided on 06/09/2010, whereby original opponent -M/s. Sheth Developers Ltd. had been directed to execute Agreement of sale in favour of all the three complainants and then to give possession of flat after entering into Agreement of sale and after receipt of payment from the complainants as per Agreement of sale. Not satisfied with the order passed, original opponent M/s. Sheth Developers Ltd. have filed this appeal. These three appeals are arising out of same common award passed by District Consumer Disputes Redressal Forum, Mumbai Suburban and same has been challenged by filing three appeals which we heard together and we are going to dispose of these three appeals by this common judgment.

(2.) WE heard submissions of Advocate Mr. S.B. Prabhawalkar for the appellant and Mr. U.B. Wavikar -Advocate for the respondents. Facts to the extent material may be stated as under: - -

(3.) DISTRICT Consumer Disputes Redressal Forum on considering the affidavits and documents placed on record and after hearing both the counsels was clearly of the view that complainants clearly proved that builder/developer was guilty of deficiency in service of non execution of Agreement of sale despite having received earnest money from each of the complainant. Therefore District Consumer Disputes Redressal Forum allowed the complaint partly and directed opponent/builder to execute agreement of sale in favour of each of the complainant and put them in possession of respective flats on completion of construction and after receiving balance of consideration amount from each of the complainants. Aggrieved by this order, original opponent/builder/developer M/s. Sheth Developers Ltd. has filed these three appeals.