HARIPRASAD Vs. BHIMASHANKAR

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 27.10.2016 of the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur ('the State Commission') in First Appeal no. 610 of 2006.

(2.) The facts of the case as per the respondent/ complainant are that the petitioners/ OP nos. 1 to 6 are the absolute owners of the house property situated at Modi no. 3. The petitioners/ OP nos. 1 to 6 entered into an agreement for the development of the above land with the petitioners/ OP Nos. 8 and 9. The respondent had booked shop nos. 1, 10 and 11 in the proposed scheme for a total consideration of Rs.13,53,100/- As per the terms and conditions of the agreement the respondent had paid Rs.10 lakh to the petitioners. It was agreed that the petitioners shall execute the sale deed in favour of the respondent after delivery and possession of the shop block.

(3.) The respondent alleges that the construction work was not progressing till 2001. He met the petitioners often and requested them to hand over the possession and to execute the sale deed in his favour. The petitioners, however, gave him only false assurances. Till date the petitioners had not handed over the possession of the shop block to the respondent and sale deed was also not executed, even though the respondent had paid 75% amount at the time of booking itself. Hence, the respondent had filed this complaint claiming execution of sale deed of the shop block in his favour and handing over the possession of the shop block. He has also claimed interest on a sum of Rs.10 lakh which he had paid to the petitioners @ 18%.