MAJESTIC PROPERTIES PVT. LTD. Vs. ARUN DHANDHANIA

JUDGEMENT

(1.) All the appeals described in the heading above, have been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned orders dated 28.08.2015, passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission ') in consumer complaints No. 29/2012, 30/2012, 31/2012, 32/2012 & 33/2012, allowing the said complaints. The complainants have challenged the impugned order, seeking enhancement of compensation granted by the State Commission, whereas the opposite party (OP)/builder Majestic Properties Private Limited have filed five appeals, seeking dismissal of the consumer complaints in question on the main ground that the complainants do not fall under the category of "Consumer " as stated in the Consumer Protection Act, 1986. This single order shall dispose of all ten first appeals mentioned above, and a copy of the same be placed on each file. The particulars of the complainants in the five complaints are as follows:-

(2.) It is seen from above that one of the complainants is Arun Dhandhania himself, the other complainant is his son Anant Dhandhania and the rest of the three complainants are companies with different names, represented by Arun Dhandhania. The common issue in all these complaints is that the complainants booked flats with the OP Builder Majestic Properties Private Limited in their residential group-housing complex under the name "Melange Jewels " on the land situated at village Dhankrota, Tehsil Sanganer, District Jaipur, in response to their advertisements in the newspapers. In CC No. 29/2012, it is stated that the complainant Arun Dhandhania booked an apartment No. 808 in Tower T-7 on 27.09.2006, having the total sale consideration as Rs.27,88,425.00, and paid a total sum of Rs.9,04,750.00 to the OP Builder from time to time till 27.02.2009. In CC No. 30/2012, Ratnesh Properties Limited booked apartment No. 804 in Tower T-7, costing Rs.28,78,750.00 and made a total payment of Rs.9,06,419.00 till 27.02.2009. In CC No. 31/2012, Anant Dhandhania s/o Arun Dhandhania booked flat No. 807 in Tower T-7 costing Rs.27,88,425.00 and made payment of Rs.9,04,750.00 till 27.02.2009. In CC No. 32/2012, Ratnesh Enterprises booked apartment No. 810 in the same tower, costing Rs.28,38,375.00 and made a payment of Rs.8,88,250.00 till 27.02.2009. In CC No. 33/2012, Ratnesh Industries Private Limited booked apartment No. 801 in the same tower, costing Rs.27,98,000.00 and paid a sum of Rs.8,78,156/- till 27.02.2009.

(3.) The case of the complainants is that as per clause 8.1 of the flat buyers ' agreement executed between the parties, the possession of the said flats was to be delivered within 36 months from the date of the agreement. However, the said period had expired on 07.02.2012, but the OPs had not been able to deliver the property, according to the terms of the agreement. The complainants demanded that the OPs should be directed to hand over the possession of the said flats within 3 months, or to refund the entire amount deposited with them alongwith interest @18% p.a. compounded annually and also to pay ?10 lakh as compensation for mental harassment etc.