DAYESH KUMAR PORWAL Vs. NEESA INFRASTRUCTURE LTD.

JUDGEMENT

(1.) The instant complaint has been filed by 54 complainants jointly. Allegations in the complaint are that the complainants booked flats in the development project undertaken by opposite party No.1 and made certain payment against the consideration amount. Opposite party No.1 has failed to complete the project and deliver possession. Opposite party No.2 bank had financed the project of opposite party No.1. As opposite party No.1 has defaulted, opposite party No.2 has attached the property on which the project was to be developed and taken over the same under SARFAESI Act. Opposite party No.2 is now planning to auction the property. Being aggrieved the complainants have filed the joint complaint with the following prayers: - Allow this complaint and direct the respondents No.1,3 And 4to refund Rs.3,30,21,333/- the money paid by the respective complainants alongwith interest @ 18% p.a. in terms of the tabular chart Annexure-C/1. Direct respondent No.2 to conduct the proceedings of auction in a transparent and reasonable manner so as to fetch best possible price of the property and to secure the interest of the complainants. Award compensation of Rs.10,00,000/- to each of the complainants and against the respondent No.1 on account of harassment, mental agony and deceptive practices meted out to the complainants. Direct the respondent No.1 to bear the cost incurred for the legal proceedings. Pass such other and further orders or directions as may be deemed fit and proper."

(2.) Alongwith the complaint, an application under Section 12 (1) (c) of the Consumer Protection Act, 1986 has also been filed seeking prayer to jointly proceed with the complaint.

(3.) We have heard learned counsel for the complainants.