SANDEEP KESHAV VARTAK Vs. RAJIV RADHE SHYAM AGARWAL

JUDGEMENT

(1.) The above named two appeals have arisen from the order of the Maharashtra State Commission, allowing the complaint of who is now complainant/respondent No. 1 in both the appeals. The FA No. 196 of 1999 was filed by Mr. Sandeep Keshav Vartak and Mrs. Mamta Sandeep Vartak, the partners who claims to have retired from the firm M/s. Priya Pooja Developers. M/s. Priya Pooja Developers and their existing persons Ramesh Shrikant Mishra and Mrs. Sushila Ramesh Mishra have filed FA No. 200 of 1999.

(2.) Brief facts giving an occasion to filing of these two appeals are as mentioned hereinafter.

(3.) The complainant/respondent No. 1, Rajiv Radhe Shyam Agarwal purchased a Bungalow No. 11, admeasuring 1675 sq. ft. with 999 sq. ft. open area situated at Village Dhaniv in Vasai Taluka of Thane District for the total consideration of Rs. 6.5 lakh from M/s. Priya Pooja Developers. At that time, undisputedly, Sandeep Keshav Vartak and Mrs. Mamta Sandeep Vartak appellants in Appeal No. 196 of 1999 and Shri Ramesh Shrikant Mishra and Mrs. Sushila Ramesh Mishra, appellants in Appeal No. 200 of 1999 were partners of M/s. Priya Pooja Developers. The possession of the Bungalow was to be given by M/s. Priya Pooja Developers by 14.4.1996 but it was delivered on 25.10.1996. The complainant/respondent No. 1 in both appeals Rajiv Radhe Shyam Agarwal noticed several deficiencies in the construction after occupation. The complainant/respondent gave notice to the opposite party on 26.6.1997 mentioning various deficiencies in the construction but without any appropriate response. He sent telegram on 6.11.1997. That also remained unanswered. The complainant appointed an architect, Mararand Tambe to give report about the deficiencies. Mr. Mararand Tambe submitted his report dated 15.8.1998 and pointed out about 10 deficiencies and quantifying estimated expenditure of Rs. 4,05,100 for rectifying the deficiencies. The complainant/respondent accordingly claimed the said amount of Rs. 4,05,100 plus the amount of interest, for delay on the part of M/s. Priya Pooja Developers, Rs. 60,000 towards compensation for the inconvenience and Rs. 6,000 towards the cost.