Mr. Justice R.C. Mankad, President— These two complaints have been filed on behalf of members of New Vaihbavi Co-operative Housing Society Limited (Society for short) against the Chairman and Secretary of the Society and Society organiser and builder claiming compensation. Since common questions arise for our consideration in these complainants, they are heard together and conmon evidence recorded. And they are now being disposed of by this common judgment.

2. Facts leading to these complaints are as follows. M/s. Muktajivan Builders, opponent No. 3 in the complaints is carrying on business as Society Organiser and Builder. A scheme was prepared for construction of tenements known as Vaihbavi Tenements at Vejalpur near city of Ahmedabad. These tenements were to be constructed for the Society. The Society was sponsored and organised by opponent No. 3 under an agreement with Marine Construction Company. It appears that Marine Construction Company had earlier entered into contract with the Society for organisation of the society and construction of tenements for it. Later on Marine Construction Company assigned its right under the agreement with the society to opponent No. 3 and that is how opponent No. 3 came to be the organiser of the Society and undertook to develop the land and construct tenements for it.

3. Opponent No. 3 published brochures/ pamphlets for construction of Vaibhavi tenements. It appears that four types of tenements viz. A, B, C & D having different areas were to be constructed for the members of the Society. The brochures published by opponent No. 3 gave details of each type of tenement including total price thereof and the amount which a person had to pay for becoming member. The tenements were to be constructed in land bearing survey number 740 of Vejalpur in city taluka of Ahmedabad. It appears that land was to be developed and construction of the tenements was to be made on such developed land. In all 52 tenements were to be constructed. Persons on whose behalf Complaint No. 484/92 is filed, joined the aforesaid scheme for A type of tenements and because members of the society. Persons on whose behalf Complaint No. 233/93 is filed joined the scheme for C type of tenements and became members of the society. The construction of tenements was to be completed and possession thereof was to be given within six months from the dated the members were enrolled. Thus, the possession of the tenements was to be handed over to tine persons on whose behalf the complaints are filed (complainants for short) by June, 1989. The possession was, however, handed over t) them in July, 1991. On obtaining possession, the complainants noticed deficiencies and defects in regard to —

(A) development of land;

(B) water supply;

(C) plastering;

(D) tiles;

(E) air vent pipes;

(F) doors and windows; and

(G) foundation

4. The complainants had consulted chartered engineer Praful H. Anandjiwala and had come to know about the aforesaid deficiencies and defects. The details of the deficiencies and defects are mentioned in para 3 of the complaints and report of Anandjiwala. We do not consider it necessary to set out these details. It appears that besides the deficiencies in service and defects in construction, the complainants have also alleged that the opponents including opponent No. 3 have resorted to unfair trade practices causing loss to the members of the Society. It is alleged that the area of many tenements was not same as promised. The opponents had also collected cash amounts or extra amounts without passing any receipts. In other Avords, opponents had recovered more price than what they agreed to for the tenements. On the above allegations, the complainants have claimed various amounts of compensation under different heads as stated in para 6 of each of these complaints. It may be mentioned here that Consumer Protection Council which is a charitable trust registered under the Bombay Public Trusts Act and Societies’ Registration A