JASWANT KUMAR BHATIA Vs. GUL K. ACHHRA

JUDGEMENT

(1.) Heard Ramesh P. Bhatt, Senior Advocate, assisted by Mr. Kailash Pandey, Advocate, for the appellant and Mr. Mohit P. Bhansali, Advocate, for the respondent, in both the appeals.

(2.) The judgment debtor has filed above appeals from the order of State Consumer Disputes Redressal Commission, Maharashtra, dtd. 13/12/2021, passed in EA/17/07, (filed in CC/12/336) and EA/17/08, (filed in CC/12/337), issuing Recovery Certificates to the Collector, for recovery of the decretal amount in both the complaints, under Sec. 25 of Consumer Protection Act, 1986. Both the appeals are consolidated and heard together as they arise out of a common order.

(3.) M/s. City Builders through its proprietor Jaswant Kumar Bhatia launched a group housing project in the name of "City Embassy" at Plot No.17, Sector-7, Kopar-Khairane, Navi Mumbai, in the year 1995. Gul K. Achhra applied for allotment of a flat on 7/11/1995 and deposited Rs. 770000.00, time to time. He was allotted Flat No.101, admeasuring built up area 1570 sq.ft., Basic Sale Price Rs. 1256000.00. Smt. Kanta Gul Achhra applied for allotment of a flat on 12/7/1995 and deposited Rs. 1000000.00 time to time. She was allotted Flat No.102, admeasuring built up area 1645 sq.ft., Basic Sale Price Rs. 1316000.00. Payment plan was "Construction Linked Payment Plan" for both the allottees. Debt Recovery Tribunal, Mumbai attached the building of "City Embassy" during construction on 23/4/1996, in the proceeding for recovery of loan against the appellant. Thereafter Income Tax Authority attached "City Embassy" building on 8/1/2003. Therefore neither the construction was completed nor possession was given to the allottees/respondents, over the flats allotted to them.