K. HARI PRASAD Vs. SAI KRISHNA CONSTRUCTIONS

JUDGEMENT

(1.) These petitions are filed U/s. 27 of Consumer Protection Act to pass orders forfeiting the security deposit of Rs.1,50,000/- deposited by the respondents and to direct them to pay a sum of Rs. One lakh towards balance of rentals and also to pay compensation of Rs. 5 lakhs.

(2.) Separate Petitions are filed in the above PPs

(3.) According to the petitioners, who are the complainants in C. D. Nos. 142, 144 and 148 of 2001, they filed the claims against the respondents to direct them for construction of flats by delivering it as per the agreement, so also, to pay the loss sustained towards rent for the delay in delivering the flats. The said complaints were allowed on 17.02.2003 in terms of joint compromise filed by both the parties. Even though, the respondents have agreed to comply with the terms but they failed to comply the same. Thus, they committed default. So the petitioners/complainants filed PP 20/2003, 22/2003 and 23/2003 before the State Commission praying to punish the respondents. Pursuant to it, Non-bailable warrant was issued on 27.04.2004 and on that the respondents paid rents partly to an extent of Rs.57,500/- by giving undertaking to provide water supply within four weeks and on that the Non-bailable Warrant was kept in abeyance. On 27.04.2005, a Non-bailable Warrant was issued against the opposite party for non-compliance of the orders passed by this Commission on 14.10.2004. An Advocate Commissioner was appointed. Basing on the report of Commissioner dated 04.11.2003, this State Commission passed an order on 28.12.2004 directing the respondent/opposite party to comply with the terms of compromise within a period of 8 weeks failing which Non-bailable warrant shall be issued. Further, on 06.03.2006, the State Commission passed an order in PP 20/2003 directing the respondent to complete the installation of the second lift and to complete the left over unfinished works. In spite of it, the respondent willfully kept the works pending though agreed under joint compromise dated 06.02.2003.