CITIZEN BUILERS Vs. RAMESHWAR NATH ANAND

JUDGEMENT

(1.) THERE is a magic in that little word, 'home', it is a mystic circle and surrounds comforts and virtues, never known beyond its hollowed limits. However, the customers are exasperated by senseless delay made by the Builder of a colony.

(2.) THIS order shall decide two appeals filed by both the opposite parties in respect of the same order rendered by the State Commission. This is an old case filed by Sh. Rameshwar Nath Anand, 81 years' old and his wife Smt. Promil Anand, 78 years' old, the complainants, who are senior citizens. The cause of action in this case arose in the year 1994 -96. Two decades have elapsed. The complainants still are waiting for relief.

(3.) PLOT Nos.27 and 28, Sector 15, CBD, Belapur, were allotted in favour of one Ashutosh Developers Pvt. Ltd.in the year 1993. Plot No.27 was transferred in favour of M/s. Citizen Builders, OP1 for an amount of Rs.40,89,000/ - @ Rs.7,250/ - per sq.mt. by M/s. Ashutosh Developers Pvt. Ltd. in July, 1993. The Maharashtra Government cancelled the allotment of plot No.27 in favour of Ashutosh Developers Pvt. Ltd. in February, 1994. The cancellation of allotment was set aside by the Government of Maharashtra on the condition that premium payable to CIDCO would be raised from Rs.7,250/ - per sq.mtr. to Rs.11,112.56 per sq.mt. The total amount was increased from Rs.4,08,90,000/ - to Rs.6,26,74,838.40. A lease was accorded by CIDCO on 12.07.1994, after receipt of entire money.