PYRAMID ARCADES PVT LTD Vs. NANDLAL KRISHNANI

JUDGEMENT

(1.) In these appeals, there is challenge to common order dated 22.1.2015, passed by State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench Nagpur (for short, 'State Commission in Complaint Cases No.12 and 13 of 2013.

(2.) Case of Respondents/Complainants is, that Appellant No.1/Opposite Party No.1 is a company engaged in development of property and making construction, whereas Appellants No.2 to 6/Opposite Parties Nos. 2 to 6, are its directors. Acting upon the representation of the appellants, respondents booked Flat Nos.601 and 602 on sixth floor of the building in their scheme named as "Pyramid City". Each respondent, paid Rs.4,40,000/- in instalments for which receipts were issued by the appellants.

(3.) Thereafter, respondents learnt from other prospective purchasers, that appellants have got revised the plan from the sanctioning authority. However, no sanction has been granted for construction of 6th floor. Respondents also learnt that appellants have abandoned the construction of 6th floor, but gave no intimation to them. Respondents approached appellants for payment of balance consideration. Ultimately, appellants said that they have cancelled booking of the flats, as revised sanction plan was only upto 5th floor. Thus, appellants have cheated the respondents by accepting the aforesaid amount. Respondents, served legal notice dated 14/11/2012, to the appellants to which they gave false reply on 13/12/2012. The respondents' advocate then sent rejoinder to the said reply and cheques were also returned which were sent by the appellants to them, towards refund of the aforesaid amounts.