SOMNATH GANPATRAO KADAM Vs. BALUWALA BUILDERS

JUDGEMENT

(1.) History of the case in brief is as follows ,all the aforesaid complainants are the joint holders of the plot bearing No. C. S. T. Nos.1387 and 1388 at village Dahisar in Mumbai Suburban District. These complainants entered into an agreement dated 16.11.1982 with M/s. Chavan Associates/respondent No.2 for sell of the property. Subsequently, by supplemental Agreement dated 22.6.1989, M/s. Baluwala Builders/respondent No.1 purchased rights in this property. As per the terms of agreement, the property was to be developed and one building namely Building N.2, in plot No.1388 was to be handed over to the present complainants along with the area in plot No.1388 referred to above.

(2.) Opponents have raised certain issues which are stated below : (1) The total financial quantum in all the 4 cases together amounts to Rs.63,700/- and hence the complaint was not teneble before the Commission (as the jurisdiction, prior to amendment was from Rs.5 lakhs upto Rs.20 lakhs only ). (2) The complainants want a specific performance from the opponents, which means the proceedings are triable only before the Civil Court. (3) The complainants have failed to complete the Conveyance Deed in spite of repeated requests. (4) Opponents have cited certain cases, whereby they have tried to indicate that on the basis of decisions in these cases, present complaints are not teneble before the Commission.

(3.) As regards the jurisdiction of the Commission, the total demands of all the 4 complainants together comes to Rs.63,700/-. But it is clear that all the complainants individually have filed the complaint and the quantum of damages/compensation, claimed by them is more than Rs.5 lakhs and less than Rs.20 lakhs. As regards the issues of specific performance, it is clear that the complaints mainly pertain to the deficiency on the part of the opponents in construction of the building.