KUBER BUILDERS Vs. REESHAB TEELAK CHEMICALS PVT. LTD.

JUDGEMENT

(1.) Delay in filing both the Appeals is condoned.

(2.) These two First Appeals, by Kuber Builders (for short the "Builder")/Opposite Party in the Complaint, are directed against the Orders dated 08.12.2015, passed by the State Consumer Disputes Redressal Commission, Maharashtra at Mumbai (for short "the State Commission") in Complaint Cases No. 459 and 460 of 2002. By the impugned Orders, the State Commission has allowed the Complaints, preferred by the Respondent herein directing the Appellant Builder to hand over the possession of Shop/office booked by the Complainants in "Kuber Heritage"/"Kuber Classique" Shopping-Cum-Residential Complex subject to payment of balance consideration by the Complainants/Respondents herein to the Builder or alternatively to refund the amount deposited by the Complainants along with interest @ 12% from the date of filing of Complaint till realization and to pay a sum of Rs. 1,00,000/- towards compensation for mental agony suffered by the Complainant and Rs. 25,000/- as costs.

(3.) Since the issues involved in both the Complaints, between the same parties, are similar; except for minor variations in the dates, amounts and Project and the reliefs claimed in both the cases, the Complaints have similar facts; these Appeals are also being disposed of by this common order. However, for the sake of convenience, First Appeal No. 315 of 2006 is treated as the lead case and the facts enumerated hereinafter are taken from Complaint No. 459 of 2002.