SATISH LALJI JAISWAL Vs. PROVIEW CONSTRUCTIONS LTD

JUDGEMENT

(1.) Heard Mr. Atul Kumar, Advocate, for the complainants and Mr. T.A. Francis, Advocate, for the opposite party.

(2.) 20 home buyers of the opposite party have filed above complaint, as a class action complaint, for directing the opposite party to pay (i) Rs.32190000.00 to the complainants towards not providing various amenities; (ii) such sum as may be determined by the Commission for loss suffered by large number of home buyers of the opposite party; (iii) costs of the litigation; and (iv) any other relief which is deemed fit and proper, in the facts and circumstances of the case.

(3.) The complainants filed an application under Sec. 12(1)(c) of the Consumer Protection Act, 1986, for grant of leave to file the complaint in representative capacity, which was allowed on 3/8/2017 and permission to file the complaint in representative capacity was granted. In compliance of the order dtd. 3/8/2017, the notices were published in newspapers and proof of publication has been filed by the complainants. The complainants filed another application for condoning the delay in filing the complaint on 5/6/2017. Since in some of the cases sale deed were executed in the year 2012, but the deficiency alleged by the complainants in the amenities and facilities are continuous wrong. As such delay in filing of the complaint is condoned and the complaint is treated within time.