SHARITA K. SHAH Vs. CHANCHALDAS AND SONS MAHUL

JUDGEMENT

(1.) Since, facts of the above noted appeals are similar and common question of law is involved, hence these appeals are being disposed of by this common order. F.A. No.308 of 2014, Dr. Sharita K. Shah Vs. M/s. Chanchaldas and Sons Mahul shall be taken as the lead case.

(2.) Appellants/Complainants jointly executed the agreement for sale on 03/12/2010 for purchase of flat bearing no.B-1101, admeasuring 725 sq.ft. carpet area on 10th floor, B Wing in the building developed by the Respondents/Opponents known as 'Oceanic Towers' Total agreed consideration of the said flat was Rs. 22,75,000/-. The possession was promised to be delivered on receiving of the agreed consideration as stipulated in the registered agreement to sale. Payment of Rs.22,75,000/- was paid through cheque on 22/08/2008 (by four different cheques) Though frantic efforts were made by the appellants to get possession of the flat, but respondents did not respond favourably. Therefore, consumer complaint was filed alleging deficiency in service against the respondents Appellants have claimed possession of the said flat or alternatively refund of Rs.31,69,950/-together with compensation of Rs.15,00,000/-.

(3.) Appellants failed to appear before the State Commission though notices were served. Therefore, they were proceeded ex parte on 18.6.2013. However, on 27.11.2013, Shri Arun Maske, Advocate appeared for the respondents and was permitted to make legal submissions only.