R N A BUILDERS Vs. KALIKANT MISHRA

JUDGEMENT

(1.) Consumer Disputes Redressal Commission, Mumbai, Maharashtra (For short 'State Commission') vide common order dated 30th October, 2009 disposed of two appeals (No. 728 & 729/2009) filed by respondents Kalikant Mishra and Sujit Kumar Mishra as issues involved in these appeals were common and the builder (i. e. petitioner) is also common.

(2.) Respondent/Complainant (Kalikant Mishra) filed complaint (No. 390/2007) whereas respondent/complainant (Sujit Kumar Mishra) filed complaint (No. 398/2007) before District Consumer Forum, Thane, for not giving possession of two flats to them. According to their complainants they had purchased flat no. 401 & 402 on 4th floor in "A" Wing in the building known as 'NG VIKAS' and each flat is measuring 379.88 sq. ft. in area. Cost of flat no. 401 was Rs. 8,24,600/-. Accordingly, agreement for sale was registered on 25-04-2006. As per complainant, he paid Rs. 5,50,000/- out of Rs. 8,24,600/- to the O. P. as part consideration. Complainant further submits that he approached O. P. and requested for possession of the flat after receipt of balance consideration amount. However, O. P. failed to hand over the flat to the complainant.

(3.) In case of flat no. 402, complainant paid entire amount of Rs. 8,24,600/- to the O. P. in full and final settlement of the price. In spite of having accepted full consideration amount, O. P. failed to hand over possession of flat no. 402 to the complainant.