ASTHA DEVELOPERS & COLONIZERS & 3 ORS. REGD. NO. 49, OFF: NEAR RUNGTA COLLEGE KURD,BHILAI DISTRICT Vs. SAMODAR SINHA S/O LATE GANGLU SINHA, R/O BLOCK NO. 34/B, CROSS STREET 1, SECTOR

JUDGEMENT

(1.) The Revision Petition no.1131 of 2016 has been filed by the OP/Developer, against the impugned order dated 6.2.2016, passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (hereinafter referred to ‘State Commission’) in First Appeal No.632/2015, Astha Developers and Colonizers and others Vs. Damodar Sinha , vide which, while partly accepting the appeal, the order passed by the District Consumer Disputes Redressal Forum, Durg, allowing consumer complaint no.CC/15/214 on 16.10.2015 was modified. R.P. No.1132 of 2016 is concerned with a similar matter with a different complainant, who has filed the petition against order of the State Commission dated 6.2.2016 in First Appeal No.633 of 2015, vide which, the order passed by the District Forum in consumer compliant no.CC/16/215 on 16.10.2015 was modified. The District Forum vide their order had directed the OPs/petitioners jointly and severally to pay an amount of Rs.5 lakhs to the complainants in each case along with interest @ 18% per annum w.e.f. 20.1.2012, a compensation of Rs.3 lakhs for mental agony and Rs.5,000.00 as cost of litigation. The State Commission, while keeping the other part of the order intact, reduced the amount of compensation for mental agony from Rs.3 lakhs to Rs.1 lakh.

(2.) Briefly stated, the facts of the case are that the complainants in the two consumer complaints referred above, stated that they paid an amount of Rs.5 lakhs to the OP/petitioner and entered into an agreement with them, according to which, a constructed house was to be handed over to the complainants within a stipulated period of 18 months. However, the OPs failed to start construction of the house, even after a period of 30 months, following which, the complainant asked them to refund the amount deposited with them. It is stated that the OPs gave cheques no.642436 and 642437 dated 10.12.2014, drawn on Oriental Bank of Commerce, Bhilai, valued at Rs.5 lakhs each to the complainants. However, when the said cheques were presented by the complainants to their banks, the same were dishonoured by them, as there was no sufficient money in the account of the OPs. The complainants sent legal notices to the OPs, which were received by them on different dates, but still, their money was not refunded. Alleging deficiency in service on the part of the OPs, consumer complaints were filed before the District Forum, seeking direction to the OPs to get the house constructed as per the agreement, at the rate fixed at that time, or in the alternative, to refund a sum of Rs.5 lakhs in each case, along with interest @ 18% per annum, from the date of payment and further compensation of Rs.3 lakhs for mental agony etc.

(3.) The District Forum vide order passed on 16.10.2015, allowed the said complaints and directed the OPs, jointly and severally, to pay a sum of Rs.5 lakhs to the complainants in each case, along with interest @ 18% per annum from 20.1.2012, and Rs.3 lakhs as compensation against mental agony and Rs.5,000.00 as cost of litigation.