DINESH PREMJI SHAH Vs. S N PATHAK

JUDGEMENT

(1.) Mr. Justice D.P. Wadhwa, President-Five petitions arise out of two complaints filed against the builder who are now before us challenging the order dated 6.11.1997 passed in execution by the Maharashtra State Consumer Disputes Redressal Commission (State Commission, for short). Sixth petition (Revision Petition No. 493 of 1998) is by one of the two complainants seeking enforcement of that very order of the State Commission.

(2.) Two complainants were S.N. Pathak and Mrs. Zoe Menezes. The builder-opposite parties are M/s. R.S. Builders, a partnership firm of Kasim Khan, Dinesh Premji Shah and Shyamji Narpar Chedda, as the three partners. Complainants had entered into an agreement for purchase of the flats from R.S. Builders in a building which was to be constructed by R.S. Builders on a piece of land under an agreement earlier entered into by Kasim Khan with the owner of land Mrs. Conceicao Rosaline Mendes. The agreement which the complainants had entered into with the builders was in 1981. It is not necessary for us to go into the terms of the agreement except to note that the order dated 8.5.1996 of the State Commission allowing the complaints makes a mention to the dispute between Mrs. Mendes, the owner of land and Kasim Khan. It was recorded on statement made by Kasim Khan that possession of the flats will be handed over to the complainants by 30th June, 1996. Accepting the statement of Kasim Khan, State Commission directed that possession of the flats be handed over by 30th June, 1996 with a further direction to hand over the completion certificate and to execute the conveyance deed within eight weeks of the date of the order. State Commission also observed that since the opposite parties-builders did not complete the construction within the stipulated time as agreed, they were to pay interest at the rate of 18 per cent per annum on the amont deposited by the complainants from 1981 till possession is given along with compensation of Rs. 50,000 to each of the two complainants. State Commission also gave a direction in case of default was committed by the builders, which is as under: "In case, this compliance is not made i.e., this amount is not paid, conveyance is not made within 8 weeks, possession is not delivered in the month of last week of June, 1996, then the respondents shall pay penalty of Rs. 1,000 per day to these complainants (each) till the compliance of this order. The respondents are also directed to pay cost of Rs. 5,000 each to the complainants within 4 weeks, failing which, it shall also carry interest at the rate of 18 per cent till its realisation. With this direction both these complaints stand disposed of."

(3.) No appeal was filed by the builders against the order dated 8.5.1996 of the State Commission, which became final.