TREATY CONSTRUCTIONS AND ANR. Vs. RUBY TOWER CO

JUDGEMENT

(1.) This first appeal has been filed by the appellants, M/s. Treaty Constructions and Anr. against the order dated 17.12.2014 passed by the State Consumer Disputes Redressal Commission, Maharashtra, Mumbai (for short, 'State Commission') in C.C. No.05/120 which was filed by the complainant/respondent no.1 herein.

(2.) Brief facts of the case are that the members of Respondent no.1 Society purchased flats having been constructed by appellants who completed the project on their land. The members purchased flats by executing sale deeds from 1994 to 2002. The possession was given to the members even though interior of the flats were not complete. The society took up the matter with the OPs as Appellant no.1 did not complete the works and could not get the completion certificate as well as occupancy certificate. The Society collected amounts from members and spent about Rupees one crore in completing the left over works of the flats. The society was demanding the reimbursement of the spent money from appellant no.1. In a meeting held on 17.3.2003 the appellant no.1/OP-1 agreed to reimburse Rs. 25 lakhs to the society. However, this promise did not materialize. The occupancy certificate was not obtained by OP-1/appellant, even after a decade of construction of the building. Therefore, the complainant society/respondent no.1 herein filed a consumer complaint before the State Commission.

(3.) The complaint was resisted by the OP-1/appellant. However, the State Commission partly accepted the complaint and allowed the same vide its order dated 17.12.2014, which reads as under: