MILAN BAROT Vs. MUKESH HARIDAT BHATT

JUDGEMENT

(1.) The present revision petition has been filed by Milan Barot and others (hereinafter referred to as the Petitioners ) being aggrieved by the order of the State Consumer Disputes Redressal Commission, Gujarat (hereinafter referred to as the State Commission ) in favour of Mukesh Haridat Bhatt and others (hereinafter referred to as the Respondent ).

(2.) The facts of the case according to the Respondent (original complainants before the District Forum) was that he had decided to purchase Bungalow No.A/8 in the Satyasai Co-operative Housing Society Ltd. From the Petitioners on 21.02.2001. The Respondent took a loan of Rs.6.50 lakhs and thereafter made an initial payment of Rs.8 lakhs and a cash payment of Rs.45,000/-. The Petitioners enhanced the price of the bungalow to Rs.9,52,750/- and also asked the Respondent to pay Rs.20,000/- for "margin land" and Rs.50,000/- for legal charges which the Respondent paid even though the Petitioners were not entitled to demand this amount under the provisions of Gujarat Ownership Flat Act, 1963. The Respondent further contended that he had spent another Rs.2 lakhs on furniture and fixtures for use in the above bungalow. Despite having made the payments as demanded, Petitioners did not hand over the bungalow to him on the pretext that this would be done after necessary permission is obtained from the Ahmedabad Urban Development Authority(AUDA). In the meantime, Respondent had to pay the bank Rs.7,384/- every month towards installment on the loan that he had taken. Respondent, therefore, issued a legal notice to which the Petitioners did not respond.

(3.) Aggrieved by this, the Respondent filed a complaint before the District Forum praying that he be handed over the physical possession of the aforesaid bungalow along with all facilities and also to be paid a monthly amount of Rs.7,384/- from November, 2001 till the realization of possession as well as Rs.2 lakhs for mental agony and Rs.3,000/- as costs.