SAMBHAVANA BUILDERS P LTD Vs. REVATHI IYER

JUDGEMENT

(1.) District Forum-II disposed of six complaints by a common order recorded in Complaint Case No.1563/93 Pushpa Raju V/s. M/s. Sambhavana Builders P. Ltd. and Smt. Bhavani S. Iyer, Managing Director. Against that order these appeals (A-158/95 M/s. Sambhavana Builders P. Ltd. and Ors. V/s. Ms. Revathi Iyer, A-160/95 M/ s. Sambhavana Builders P. Ltd. and Ors. V/s. Indira Gupta, A-162/95 M/s. Sambhavana Builders P. Ltd. and Ors. V/s. Mrs. Rukmini Gopal and A-163/95 M/s. Sambhavana Builders P. Ltd. and Ors. V/s. M/s. Pushpa Raju) have been filed. As the questions raised are common, these appeals are being disposed of by this order.

(2.) The appellants floated a scheme for construction of residential flats on a piece of land in village Mehrauli. The land has been purchased by the appellant by direct purchase from the owners. Two types of flats numbering 75 were to be constructed. The public was invited to enrol. The complainants enrolled for buying those flats and deposited various amounts beginning from 1989 onwards. No construction having started the complainants and others claimed refund of their amount. The amount was refunded in some cases. It was not refunded in other cases. Even where the amount was refunded, interest was not paid. The complainants accordingly instituted the aforesaid complaints for refund of the amount paid by them along with interest on the ground that the O. P. had been guilty of unfair trade practice and was also deficient in rendering service to the complainant consumers.

(3.) The complaints were contested. The plea taken was that necessary permission for change in land use had been obtained, construction activity was going apace and the complainants having themselves withdrawn, were estopped from filing the complaints. It was also pleaded that there was no deficiency in service.