SHEWALKAR DEVELOPERS LIMITED & ANR Vs. MADANMOHAN

JUDGEMENT

(1.) This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by a Developer and its Managing Director, questions the correctness of an interlocutory order, dated 24.12.2014, passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (for short "the State Commission") in Complaint Case No. CC/08/13. By the impugned order, the State Commission, while rejecting the prayer made by the Petitioners in their application, seeking permission to cross-examine the Complainant, the Respondent herein, has permitted them to submit suggestive questions by way of interrogatories by the next date, with a direction to the Complainant to reply to the questions on affidavit.

(2.) Succinctly put, the facts leading to the present Revision Petition, as culled out from the Complaint are: that on 10.01.2004 and 01.09.2006 the Complainant had agreed to purchase from the Petitioners, two Penthouses, the first being numbered A-601-602 and A-701-702, 6th and 7th Floor, Block-A and the other E-603-604 and E-703-704, 6th and 7th Floor, Block-E, both in the building known as "Shewalkar Garden", Gopal Nagar, Opposite VNIT, South Ambazari Road, Nagpur, for total consideration of Rs. 30,00,000/- and Rs. 40,00,000/- respectively. Agreements for sale and building construction, dated 10.01.2004 and 01.09.2006 respectively, providing for construction linked payment Schedule, were executed between the parties. The said Penthouses were to be constructed within a period of 36 months and 9 months and were to be made available to the Complainant by January, 2007 and May, 2007 respectively. As on the date of filing the Complaint, the Complainant had already paid to the Petitioners Rs.57,00,000/- (Rs. 33,00,000/- and Rs. 24,00,000/- respectively in respect of both the Penthouses). However, the construction work was not completed by the scheduled time.

(3.) Having failed to elicit any positive response from the Petitioners to his legal notice, dated 01.05.2008, the Complainant filed the afore-noted Complaint before the State Commission, praying for refund of a total sum of Rs. 95,03,000/- (i.e. Rs. 30,00,000/- and Rs. 40,00,000/- as cost of both the Penthouses; Rs. 25,00,000/- as damages/compensation for mental agony, harassment and deficiency in service; and Rs. 3000/- as notice charges).