CHINTAN H. MEHTA Vs. KALPATHRU HOUSING (P) LTD.

JUDGEMENT

(1.) By these three Revision Petitions, the Original Complainants (hereinafter referred to as the Petitioners) call in question the legality and correctness of a common Order dtd. 10/10/2013, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad (hereinafter referred to as the State Commission) in First Appeals No. 715/2012, 716/2012 and 717/2012 respectively. By the Impugned Order, the State Commission has dismissed the Appeals, preferred by the Petitioners herein against three different Orders, all dtd. 31/7/2012, passed by the District Consumer Disputes Redressal Commission-II, Hyderabad (hereinafter referred to as the District Commission) in Complaint Cases No. 276/2008, 277/2008 and 292/2008 respectively. By the said Orders, the District Commission held that the Opposite Parties/Respondents had received the entire sale consideration but not registered the sale deed in the name of the Petitioners and, therefore, there was deficiency in service on the part of the Opposite Parties/Respondents. Consequently, the District allowed the Complaints, preferred by the Petitioners herein, and directed as under:

(2.) The issue involved and the facts in all the Cases are similar vis -vis the cause of action, allegations leveled by the Petitioners and the reliefs prayed for in the Complaints and granted by the District Commission and upheld by the State Commission by the common Impugned Order. Accordingly, all the Revision Petitions are being disposed of by this common Order. However, for the sake of convenience, Revision Petition No. 1064 of 2014 is treated as the lead case and the facts enumerated therein are referred to and dealt with in this Order.

(3.) The facts, in brief, as culled out from Revision Petition No. 1064 of 2014, are that on the representations made by the Opposite Parties/Respondents herein that they were pioneer in the field of real estate having offices at several places, including California and Florida, USA, and had floated a Joint Venture/Scheme near Bangalore International Airport, Bangalore, wherein plots were to be sold to the prospective buyers, and whoever would book the plot would get a Gold Chain, Ray Ban Glasses and a Diamond Necklace, the Petitioner became a Member in the said Joint Venture/Scheme sometime in the year 1996 and booked a plot in the Layout of Indra Sai Enclave, Devanahalli, Near Bangalore International Airport, Bangalore and also entered into Sale Agreement with the Opposite Parties/Respondents sometime in the year 1998. After paying certain installments, the Petitioner was declared as a lucky winner in the draw held by the Opposite Parties/Respondents herein and as per the terms and conditions the future installments were not required to be paid by the Petitioner. As directed by the Opposite Parties/Respondents, the Petitioner paid certain amount, including the stamp duty and registration charges, duly acknowledged by the Opposite Parties/Respondents in the Passbook issued to the Petitioner. Despite the assurance given that the possession of the plot would be given and the registration of the plot would be done within 45 to 60 days from the date of payment, the same was not done by the Opposite Parties/Respondents on one pretext or the other. As the Opposite Parties/Respondents were protracting the matter without any rhyme or reason and there was no development in the said Layout, e.g. there were no roads, drainage system, water, electricity etc., the Petitioner filed the afore-noted Complaint before the District Commission, alleging deficiency in service on the part of the Opposite Parties/Respondents on the aforesaid counts and praying for a direction to the Opposite Parties/Respondents to jointly and severally execute and register the sale deed in his favour in respect of plot booked in the Layout of Indra Sai Enclave, Devanahalli, Near Bangalore International Airport, Bangalore OR in the alternative direct them to pay the compensation equivalent to the prevailing market value of the above said plot, compensation for mental agony and costs.