GENESIS INFRATECH PVT. LTD. Vs. MOHD. ZAKI

JUDGEMENT

(1.) These two appeals have been filed under Sec. 19 of the Consumer Protection Act, 1986 (for short 'the Act') by M/s Genesis Infratech Pvt. Ltd. and Ors. (hereinafter referred to as the 'Appellant') assailing the Order dtd. 23/10/2018 passed by the State Consumer Disputes Redressal Commission, Jaipur, Rajasthan (hereinafter referred to as the 'State Commission') in Complaints No. 59 and 60 of 2017, whereby the Complaints filed by the Complainants were allowed.

(2.) Brief facts of the case as narrated in the Complaints by the Complainants are that the Complainants, namely, Mohd. Zaki and Gangeshwar Singh booked Flats in the Project 'M/s Genesis Infratech Pvt. Ltd.' with the Appellant situated in Geneis Flora, Village Dagamhedi, Tehsil Tijara, District Alwar, Rajasthan, for a total sale consideration of Rs.23,88,720.00 and Rs.22,20,000.00, respectively, as per the agreement dtd. 10/1/2013. The Complainants paid a total amount of Rs.22,59,000.00 and Rs.22,09,000.00 as per the demand raised by the Appellant. The Complainants were allotted Flats No. D-302 and no. D-306 on the 3rd Floor, with a super area of approximately 936 sq. ft.

(3.) The Complainants submitted that as per the terms and conditions specified in the Agreement, the Construction work of the Unit was to be completed and physical possession of the same was to be delivered to them within 36 months from the date of the Agreement i.e. on or before 10/1/2016. The relevant portion of clause 5 of the Agreement reads as under: