M/S. AKSHAR ASSOCIATES PROPRIETOR MR. RAJIBHAI HARIBHAI PATEL Vs. CONSUMER PROTECTION COUNCIL AND 4 OTHERS

JUDGEMENT

(1.) Delay in filing of First Appeals No. 755 to 760 of 2013 is condoned subject to the Appellants in these Appeals, paying directly to one of the allottees of the subject flat in each Complaint 25,000/- as costs.

(2.) This batch of 18 First Appeals, by a Real Estate Developer, viz. Akshar Associates, a Proprietorship concern; the structural Engineer namely Jagdish Associates and the Supervisor namely, Pankaj G. Modi, Respectively, Opposite Parties No. 1, 3 and 4 in the Complaint, is directed against the common order dated 11.05.2012, passed by the Gujarat State Consumer Disputes Redressal Commission at Ahmedabad, (for short "the State Commission") in Complaints No. 164 to 167 of 2001 and 197-198 of 2001. By the impugned order, while accepting the Complaints filed by the six Complainants, (more than one in some Complaints) alleging deficiency in service on the part of the Appellants, in delivering possession of the structurally weak flats, booked by them in the building complex known as Akshardeep Apartments, Block-B, Ahmedabad, which unfortunately collapsed in the earthquake on 26.01.2001, resulting in loss of 11 precious human lives, the State Commission has directed the Appellants to pay to each of the Complainants' different amounts as mentioned in the order impugned in these Appeals, together with interest @ 9% p.a. from the date of filing of the Complaint i.e. 26.06.2001 till realization of the said amount; 50,000/- as compensation for the mental harassment and 10,000/- towards the costs of the litigation. Hence the present Appeals.

(3.) We may note at this juncture itself that the Architect, namely Shekhar Associates, Opposite Party No. 2 in all the Complaints was directed to be deleted from the array of parties' name as the Complainants had failed to take appropriate steps to have him served with the notice in the Complaint.