LAWS(NCD)-2019-3-38

HARENBHAI SHAH Vs. BUDDHADEO ENTERPRISES & 3 ORS

Decided On March 08, 2019
Harenbhai Shah Appellant
V/S
Buddhadeo Enterprises And 3 Ors Respondents

JUDGEMENT

(1.) These appeals are directed against a common order of the State Commission dated 04.09.2015. The complainant, in Consumer Complaint No. RBT/CC/13/274, booked a shop with Buddhdev Enterprises, the Proprietorship concern of late Sh. Umesh Vallabhdas Barai, for a total consideration of Rs. 15 lakhs. Despite the said consideration having been paid to him, the possession of the shop was not delivered. Later on, the project, in which the booking made, was transferred by Buddhdev Enterprises to their sister concern Vastu Realtors Pvt. Ltd. A certificate to this effect was issued jointly by Buddhdev Enterprises as well as Vastu Realtors Pvt. Ltd. Since the possession of the shop was not delivered to the complainant, he approached the concerned State Commission by way of consumer complaints, seeking possession of the said shop with compensation etc.

(2.) The complainant in Consumer Complaint No. RBT/CC/13/275 booked a residential flat in the above referred project with Buddhdev Enterprises for a consideration of Rs. 8 lakhs. The possession having not been delivered to him despite payment of the sale consideration, he also approached the concerned State Commission by way of a consumer complaint, seeking possession of the flat alongwith compensation.

(3.) The complainant in Consumer Complaint No. RBT/CC/13/277 booked a shop with Buddhdev Enterprises for consideration of Rs. 25 lakhs and made part payment of Rs. 10 lakhs. The possession, however, was not delivered to him. Therefore, he also approached the concerned State Commission by way of a separate consumer complaint, seeking possession of the shop or in the alternative refund of the amount paid by him alongwith compensation.