IMPORTANT POINT
Complainant must approach Court with clean hands.

J. M. Malik, Presiding Member—The present case swirls around the question, “whether the complainants are consumers in this case”. The allegation made by the Opposite Party is that the petitioners are having another shop and complainant No.1 is a service man. It is thus clear that if the OPs prove all these points through sold and unflappable evidence, it would be difficult to hold that the complainants are consumers in this case.

2. Mrs. Asha Sitaram Singh and Mr. Sitaram Ramprasad Singh, the complainants, booked shop bearing No. 10 situated on the ground floor in the building known as ‘Shubham Heights’, admeasuring 373 sq. ft. from M/s Yash Developers & its partners, builders and owners of the land, arrayed as Opposite Parties in this case. Opposite Parties Nos. 2 & 3 are the partners of Opposite Party No. 1 and Opposite Party Nos. 4 to 12 are the owners of the land, bearing S.No. 114 Hissa No. 1 S. No. 115 Hissa No.1/1. Opposite Parties No. 4 to 12 handed over the development rights of the aforesaid land to Opposite Party No. 13, who in turn entered into partnership with Opposite Party No. 3 and formed Opposite Party No. 1, partnership firm known as M/s Yash Developers.

3. The complainants entered into an agreement of sale. The total costs of the shop was Rs.5,96,800. The complainants paid Rs.1,70,000/- to Opposite Party No.1. They further paid Rs.45,000/- towards electricity connection to Mr. Rahul Vilas Nahata –Opposite Party No. 3. Mr. Rahul Vilas Nahata was not a partner at that relevant time but there are no conflictions on the point that he joined the partnership subsequently. Till July 2005, there was no progress in the construction of the ‘B’ Wing in which the shop of the complainant was located. The complainant further stated that Opposite Party No. 1 further demanded Rs.1,86,000/- by way of increase in the sale price from the complainants, or else they were threatened that their agreement would be terminated. The complainants refused to comply with the above said illegal and extraneous demand made by Opposite Parties No. 2 & 3. The complainants’ attempts to settle the matter amicably did not ring the bell. Consequently, they filed the second complaint before the District Forum with the following prayers:-

1. Complaint may please be admitted and show cause notices may please be issued to the Opponents.

b. This August Forum may be pleased to pass necessary order/ direction to the Opponent Nos. 1 to 3 to complete the construction of the shop No. 10, in B Wing of the building names Shubham Heights in terms of the Agreement registered at Sr. No. 1721(One Seven Two One) of 2005 executed and registered in the office of the Sub-Registrar, Haveli XIII, which is marked as Exhibit A in this Complaint and comply with all the provisions of law relating to the same and hand over peaceful and vacant possession of the said Shop to the Complainants.

c. This August Forum may be pleased to pass necessary order/ direction to the Opponent Nos. 1 to 3 to provide the electrical connection to the said shop in lieu of the amount of Rs. 45,000/- (Rupees Forty Five Thousand only) which was paid on 22nd September, 2004 and acknowledged vide receipt dated Ist March, 2006.

d. This August Forum may be pleased to pass necessary order/ direction to the Opponent Nos. 1 to 3 to pay damages to the tune of Rs. 50,000/- (Rupees Fifty Thousand Only) to the Complainants for the deficiencies in services mentioned in this Complaint.

e. This August Forum may be pleased to pass necessary order / direction to the Opponent Nos. 1 to 3 to pay damages to the tune of Rs. 50,000/- (Rupees Fifty Thousand only) to the Complainants tune of Rs.50,000/- (Rupees Fifty Thousand only) to the Complainants for the mental agony suffered due to the illegal and extortionist conduct of the Opponent Nos. 2 and 3.

f. In the alternate but without prejudice to the above prayers, the Complainants seek order/ direction from this August Forum to the Opponent Nos. 1 to 3 to re