SHIVDARSHAN BUILDERS & DEVELOPERS THROUGH ITS PARTNER SHRI SANJAY MADHUKARRAO MAHAKALKAR Vs. SANJIV

JUDGEMENT

(1.) By way of present revision petition, petitioner has challenged order dated 21.9.2011 passed by State Consumer Disputes Redressal Commission, Nagpur (for short as State Commission). Vide impugned order, State Commission dismissed the appeal as well as application for condonation of delay in filing of the appeal, against order dated 16.9.2009 passed by the District Consumer Forum, Nagpur.

(2.) Brief facts of this case are that respondents (who were complainants in the District Forum) filed a complaint under Section 12 of the Consumer Protection Act, 1986 (for short as the Act ) against petitioners/opposite parties. It has been alleged by respondent no.1 that he is a teacher and respondent no.2 is his wife. Petitioners are doing the business of constructing Apartments. They had decided to construct Apartments and shops on Plot No.11 and 12 of Budhulkheda Street Scheme of Nagpur Improvement Trust at Mouza Dighori Nagpur and the said scheme was named as Shivdarshan Apartments . Respondent no.1 decided to purchase Apartment No.T-3 and Respondent no.2 has decided to purchase Shop No.F-2 in the said scheme. The price thereof was Rs.7,00,000/- and Rs.4,00,000/- respectively and the agreement to execute Sale Deed of Shop and Apartment was done. It is further stated by respondents that from time to time they had paid total Rs.11,000,00/- to the petitioners but they have not executed sale deeds.

(3.) It is further stated by respondents that petitioners had obtained signatures on many blank form and had obtained loan of Rs.5,00,000/- from Exis Bank and the said additional amount has been appropriated by the respondents.