RAMESH CHANDRA MATHUR Vs. SHEELA DEVI AND ORS

JUDGEMENT

(1.) ALL these appeals have been filed against one and the same judgment dated 22.12.2006 of the President. District Consumer Forum II, Lucknow and dated 1.2.2007 of the male Member and dated 27.12.2006 of the female Member. The male Member Dr K.A. Khan concurred with the judgment of the President Sri A.K. Agarwal and allowed both the complaints No 148/2005 filed by Sri Manoj Tahalani and the case No 149/2005 preferred by Smt Sheela Devi. Both the complainants were held to be entitled to get possession over the flats allotted to them by Consolidated Construction Company. Whereas two flats No. 320 and 320B of Kasmanda Estates, Kasmanda Regent Apartments, 2 Park Road, Hazratganj, Lucknow were allotted to Sri Manoj Tahalani. flat No 401 was allotted to the other complainant, Smt. Sheela Devi. The Consolidated Construction Company was directed to complete all the flats and handover their possession to the aforesaid allottees within thirty days from the date of judgment and also execute the sale deeds in accordance with the agreements. The District Consumer Forum had also directed that the Consolidated Construction Company was liable to pay interest on the amounts deposited by the two complainants at the rate of Rs. 8% per annum. Litigation charges amounting to Rs.3,000 each were also awarded to the complainants.

(2.) THE application for impleadment moved by Smt. Prabha Singh and Sri Ramesh Chandra Mathur were rejected.

(3.) THE Female Member Smt. Veena Arora delivered a separate judgment on 27.12.2006 thereby granting the application of Smt. Prabha Singh who was held to be the lawful allottee/owner of flat No.320B of Kasmanda Regent Apartments. Smt. Prabha Singh was held to be in lawful possession of the aforesaid flat and this finding was recorded on the basis of the Commissioner's report who had visited and inspected the aforesaid flat and found Smt. Prabha Singh in lawful possession thereof. On the basis of these findings flat No 320B was released in favour of Smt. Prabha Singh.