RAMESH VINAYAK PATIL vs SAI SHREE BUILDERS

THE complainants jointly filed this complaint alleging the deficiency in the service of the opposite party. Each complainant had booked a flat for himself which were undertaken to be constructed by the opposite party under a scheme viz. "Sai Shree Apartment", at Nagpur. THE opposite party is a partnership firm and carries on the business of construction of flats/plots. Thus, the opposite party (Opposite Party) had undertaken to render the service of constructing the flats to the complainants. THE complainants alleged in the complaint that they have paid the full amount of consideration for purchase of the land and for construction of the flats. THE statements of agreements showing the names of the each complainant and the dates are at Annex. "A", with the complaint. THE statement of payments made by each complainant to opposite party are shown collectively at Anx. ''B''. THE agreements between the complainants and the opposite party about the transaction in question showing the sale amount and the details of construction are placed on record. THE complainants alleged that the agreements were executed in the year 1989 but the opposite party did not complete the construction and deliver the possession of the flats to the complainants on or before 30.6.89 as per the condition of the agreement. THE complainants further alleged that they paid the agreed amount of construction and also paid Rs. 50,000/- each to the opposite party as "on money". THE complainants further alleged that they have also paid the additional amounts towards the payment for water meter, electric meter, as demanded by Opposite Party. THE complainants further alleged that the opposite party has been deficient in its service in as much as there is incomplete construction for the work of about Rs. 40,000/- as regards each flat. THE complainants further alleged that they have obtained loan for the payment of their flats to opposite party and now they are required to pay the interest and are thus facing enormous difficulties for want of incomplete construction and possession of the flats. THE complainants have, therefore, claimed the direction to the opposite party to complete the work of each flats and of possession and also claimed the interest at the rate of 15% p.a. against the payment paid to the opposite party and also claimed Rs. 1,000/- p.m. compensation towards the rent for the delayed period of possession. Each complainant also claimed Rs. 25,000/- as compensation and Rs. 10,000/- towards the costs of this complaint.

A Notice u/Sec. 13(2) of the C.P. Act was issued by this Commission on 15.1.92 to the opposite party which they have received. The postal acknowledgments duly signed by both opposite parties are on record. But none of the opposite parties have filed their written version so far. In the aforesaid notice, it was also intimated to the Opposite Party that the complaint was fixed for hearing on 13.3.92. Since this Commission was not having requisite quorum for hearing the complaint it was adjourned to 10.4.1992. Separate intimations were sent to both the parties again. On 10.4.92 when the complaint was fixed for hearing the complainants appeared through their Advocate, Mrs. Padolay whereas the opposite party remained absent. We, therefore, proceeded ex-parte against the O.P. 1 and 2 who remained absent without giving any reasons.

We heard the authorised Agent of complainant, Smt. Padolay, Advocate and we have gone through the record of the complaint. The complainants have filed their affidavits in support of their allegations. The complainant has also placed on record the necessary documents evidencing the fact that they had booked the flat with the O.P. and paid the consideration. The necessary documents including agreements are placed on record. Since the allegations of the complainant are not controverted by the O.Ps by filing the written version, we have no other option but to accept the allegations of the complainant as true and correct. We, therefore, see no reason not to allow this complaint of the complainant. We, therefore, pass the following order: - ORDER

THE Opposite Party viz. M/s. Sai Shree Builders and their partners shall jointly and severally are directed to complete the work of the flat in question and place the complainants 1 to 4 in possession of their allotted flats within a period of two months from the receipt of this order. THE complainants each also be paid Rs. 25,000/- towards the compensation for the loss of residence and for harassment. Each of the complainants also be paid Rs. 500/- as costs for this complaint. Complaint allowed with costs. _______________