RAMESHBHAI MANSUKHBHAI SUTHAR & 3 ORS. 509, SAMRUDDIN BUILDING, OPP. SAKAR Vs. BALVANTRAY REVABHAI RANA

JUDGEMENT

(1.) The relevant brief facts in the instant appeal are that the original four OPs in the instant complaint, floated a scheme in the name of 'Chhaniyara Farm House and Bungalows' wherein plot No. 6 was allotted to the complainant, Shri Rana Balvantray Revabhai. The complainant had paid a sum of Rs.3,51,300/- but the OPs did not carry out any construction of house. Therefore, alleging deficiency in service, the complainant filed a complaint before the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (for short, 'the State Commission') to recover the amount of Rs. 3,51,300/- which was paid along with additional amount of Rs. 2 lakhs, totalling to Rs.5,51,300/- with interest.

(2.) The OPs/appellants resisted the complaint and stated that they only sold the plot to the complainant and there was no commitment to carry out construction on it. The complainant had paid the amount to Pragati Owners Association. Therefore, for the said amount, the OPs are not liable. Also, there is no relationship between the complainant and the OPs as a consumer and service provider.

(3.) After considering the evidence, the State Commission partly allowed the complaint and directed the OPs to pay jointly and severally the amount of Rs. 3,34,500/- with 8% interest per annum from 27.4.2001 along with the costs of Rs.5,000/-.