VATIKA VIHAR AND DEVELOPERS LTD & ANR Vs. REKHA W/O NARAYAN AGLAWE; KAMLESH S/O MANOHAR BHOJ; VASANT; PRAVIN; RAJAN; SANJAY SONKUSARE S/O BABURAO SONKUSARE; SANKET HAMDAPURE THROUGH POWER OF ATTORNEY; LATE NANDKISHORE BABURAO HAMDAPURE

JUDGEMENT

(1.) Since, except for variation in the sale consideration and the dates of deposit of amounts by the Complainants with the Petitioners, the issues involved in all these Revision Petitions, are identical, we propose to dispose of all these cases by this common order.

(2.) This batch of eight Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by the Developer, the Opposite Parties in the Complaint, are directed against the orders all dated 18.07.2017, passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (for short "the State Commission") in First Appeals No.140, 141 and 142 of 2013 and 166, 168, 169, 484 and 485 of 2015. By the impugned orders, the State Commission has affirmed the orders, all dated 02.08.2013, passed by the Additional District Consumer Disputes Redressal Forum, Nagpur (for short "the District Forum") in Complaints No.5, 4, 151, 152, 154, 155, 131 and 132 of 2013. The State Commission has thus, dismissed the Appeals preferred by the Petitioners herein.

(3.) In the first place, allowing the Complaints filed by the Respondents herein, alleging deficiency in service on the part of the Developer in not delivering the possession of the plots of land, agreed to be sold to them, under initial agreements executed in the year 2008, but subsequently substituted by fresh agreements, between the years 2012 to 2014, the District Forum had directed the Petitioners to refund to the Complainants the entire amount deposited by them, which was in the range of Rs. 1,00,000/-, paid by them as sale consideration, along with interest @10% p.a., from the date of filing of the respective Complaints till realization; Rs. 10,000/- towards mental and physical harassment and litigation expenses, quantified at Rs. 5,000/- in each of the cases.