EKTA BUILDERS Vs. RAM AUTAR

JUDGEMENT

(1.) These two appeals arise out of a common judgment passed by District Consumer Forum, Lucknow in Complaint Case Nos.250/1993 and 251/1993. These complaint cases were initiated by Ram Autar and Om Prakash Verma respectively with the allegation that since the appellant/opposite party in the complaint did not honour the commitment of handing over possession of two shops, Nos.4 and 5 in the proposed constructed tenement, the amounts deposited by them should be refunded with up-to-date interest.

(2.) The admitted position is that Om Prakash had deposited Rs.61,350/- by 14.4.1991 whereas Ram Autar had deposited Rs.38,350/- by 10.4.1991.

(3.) When the complaints were heard before the District Consumer Forum, notices were issued to the appellant who filed detailed objections and written statements. The pleadings of the opposite party/appellant consistently was that since the complainants did not deposit the entire agreed amount and the total deposits made by them fell short of the agreed amount, they were neither entitled for allotment of shop nor could they claim any interest on the deposited amount. The District Consumer Forum has proceeded to decree the complaints for the amounts deposited by both the complainants as noted above along with 18% per annum interest and Rs.2,000/- as costs in both the complaints. Mr. M. H. Khan, learned Counsel for the appellant and Mr. R. K. Gupta, learned Counsel for the respondents/complainants in both the appeals have been heard at length. The entire record has been placed by them which have been scrutinized thoroughly.