LAWS(NCD)-2008-12-57

N.M.MEENA Vs. MEGACITY (BANGALORE)

Decided On December 05, 2008
N.M.Meena Appellant
V/S
Megacity (Bangalore) Respondents

JUDGEMENT

(1.) The petitioners were the complainants before the District Forum, where they had filed complaints alleging deficiency in service on the part of the respondent.

(2.) Very briefly the facts leading to filing the complaints were that the respondent opposite party had floated a residential lay out under the name and style of Vajragiri Township at Bangalore Mysore road in 1995. Opposite party respondent promised to complete the project within 60 months. The petitioners complainants attracted by the offer of the respondent opposite party, got themselves enrolled as members of the scheme and paid several amounts, which are not in dispute. But when the possession was not being given and sale -deed(s) were not executed, complaints were filed before the District Forum. Since the point at issue was the same, the District Forum through a common order allowed the complaints and directed the respondent to refund the deposited amount in respect of each of the complainants together with interest @ 18% p.a. right from the date of the respective agreement of sale, till payment, together with compensation of Rs.4,00,000 and cost of Rs.l0,000 to each of the complainants. Not satisfied aggrieved by this order, both the parties filed appeals before the State Commission, which were disposed of by a common order in which the State Commission upheld the refund of the deposited amount along with interest @18% p.a. but reduced the compensation from Rs.4,00,000 to Rs.1,00,000 to each of the complainants, alongwith cost of Rs.10,000.

(3.) Not satisfied with the relief given by the State Commission, the above noted revision petitions have been filed before us.