MALTI CONSTRUCTION Vs. ARUN K. HIRULKAR

JUDGEMENT

(1.) This order shall decide seven above mentioned revision petitions, which involve the same question of law and facts. These revision petitions arise out of the common order dated 30.9.2013 passed by Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur. We have taken the facts from revision petition No. 755 of 2014, Malti Construction v. Arun K. Hirulkar.

(2.) All the complainants agreed to purchase their respective flats from the original opposite parties vide respective agreements of sale. All the three opposite parties were having l/3rd share in the land upon which the apartment comprising of different flats was to be constructed by M/s. Malti Construction, opposite party No. 1. The other opposite parties gave their irrevocable power of attorney in favour of M/s. Malti Construction, opposite party No. 1. They agreed for development of that plot. M/s. Malti Construction, opposite party No. 1 developed the said plot in the name and style of "Gangadham Apartments". All the complainants paid costs of the respective flats and opposite party No. 1 also acknowledged the receipt, thereof, by issuing consolidated statement signed by him besides the other charges. All the complainants got the possession of their respective flats. They paid full price and other extra charges as per agreement to sell.

(3.) The grouse of the complainants is that they made several requests to the opposite parties to execute the sale deed in their favour but it did not ring the bell. In this regard, the letter dated 21.3.2004 and reminder dated 29.6.2005 were issued but those did not yield any result. Thereafter, seven complaints were filed. The complainants also claimed Rs. 25,000 towards mental harassment and Rs. 10,000 towards costs of each complaint.