(1.) Heard Mr. M.L. Lahoty, Senior Advocate, for the complainants and Mr. Pinaki Mishra, Senior Advocate, Advocate, for the opposite parties.
(2.) This bunch of 34 consumer complaints were consolidated. Out of which CC/1415/2018, CC/1281/2018, CC/1365/2018 & CC/2562/2017 were disposed of with the consent of the parties on different dates. Remaining were heard together as in all these cases, the facts and reliefs are similar and have been filed against the same builder and in respect of the flats in same project. For ready reference a chart containing material facts of 34 consumer complaints are given below:- <IMG>JUDGEMENT_46_LAWS(NCD)12_2021_1.jpg</IMG> <IMG>JUDGEMENT_46_LAWS(NCD)12_2021_2.jpg</IMG> <IMG>JUDGEMENT_46_LAWS(NCD)12_2021_3.jpg</IMG> <IMG>JUDGEMENT_46_LAWS(NCD)12_2021_4.jpg</IMG>
(3.) In order to appreciate the issues, facts of CC/1279/2018 are given in this judgment. Sant Kumar Manchanda (the complainant) filed the complaint for directing the opposite parties, (hereinafter referred to as the builder) (i) to refund Rs.13264651.00 along with an interest of Rs.9580144.51 (@18% per annum, calculated up to 23/5/2018) together with further interest till the date of actual payment (ii) to pay Rs.25.00 lacs as compensation, for loss caused due to commission/ omission of the opposite party (iii) to pay Rs.5.00 lacs for mental and physical harassment (iv) to pay Rs. one lac as cost of litigation and (iii) any other relief which may be deemed fit and proper, in the circumstances of the case, be passed.