SHANTISADAN C H S LTD Vs. KALPAGAM CHANDRAMOLESHWAR

JUDGEMENT

(1.) The complainants, who were the members of the petitioner Society, booked residential flats in a building which the Society was proposing to construct at Village Chikhale, Taluka Panvel in District Raigad and made part payments to the Society. The complainant in R.P. No. 79/2018 made payment of Rs. 2,70,000/-, whereas the complainant in R.P. No. 1198/2018 made payment of Rs. 3,62,000/- to the petitioner Society. After the aforesaid payment, the petitioner Society demanded further payment from the complainants. The said further payment having not been made, the allotment was cancelled. Being aggrieved, the complainants approached the concerned District Forum by way of separate consumer complaints, seeking completion of the construction and delivery of possession of the allotted flats alongwith compensation.

(2.) The complaints were resisted by the petitioner Society, primarily on the grounds that the complainants had failed to pay the contribution demanded by the Society and the Society had already entered into a tripartite agreement with one Mr. K. K. Kamath, the Society, the builder and Mr. K. K. Kamath, being the only parties to the said tripartite agreement.

(3.) The District Forum allowed the consumer complaints and directed the complainants to pay the balance amount of Rs. 85,250/- in R.P. No. 79/2018 and Rs. 70,500/- in R.P. No. 1198/2018 to the Society towards the cost of the flats. The Society was directed to complete the construction of the flats and give possession thereof to the complainants. A sum of Rs. 3 lakh each was awarded to the complainants towards expenses, mental agony and torture. An option was given to the petitioner to refund the amount of Rs. 2,70,000/- to the complainants in each consumer complaints alongwith interest @ 6% per annum in case it was unable to deliver possession of the allotted flats. The interest was to increase to 9% per annum in case the order was not complete within a period of six months.