IMPORTANT POINT
Only when there is an error apparent in the orders of the lower fora, review application is maintainable.

This review application has been filed by review applicants/opposite parties Mantri Castles Pvt. Ltd. & Anr. This review application has been filed for review of order dated 08.06.2018 passed by this Commission in Consumer Complaint No.913 of 2016.

2. Heard learned counsel for both the parties.

3. Learned counsel for the review applicants argued that in the list of 58 complainants mentioned in the order, the complainant mentioned at Sr. No.19, namely, Gangadharaiah C.P. had filed withdrawal application and therefore, his name should not have been there. Similarly for complainants mentioned at Sr. No.57 & 58, Kiran Sundarrajan and Swapna Belvadi and Sundaresan V and Shobha Sundaresan, it was mentioned, though the impleadment application was filed, however, no order was passed on that impleadment application. Accordingly, they cannot be included in the list of complainants.

4. Apart from the above, learned counsel further argued that there are 16 complainants, who had already taken possession on 5.5.2016 without any protest and therefore, they are not entitled to any interest.

5. Learned counsel for the review applicants further argued that impugned order dated 08.06.2018 passed by this Commission directed the opposite parties to complete the common facilities and amenities as per the agreement within a period of six months from the date of this order, failing which the OPs shall pay compensation @Rs.1,000/- per month to each of the complainants under the present complaint. It was argued by the learned counsel that the common facilities and amenities were already completed as stated in the affidavit filed by the opposite parties in compliance of the order dated 13.01.2017 passed by this Commission wherein it is clearly stated that the project is complete including all the common facilities and amenities. It was argued by the learned counsel in this context that the order passed by this Commission becomes superfluous and this portion is required to be deleted from the order.

6. On the other hand, learned counsel for the complainants stated that he agreed that the complainant mentioned at Sr. No.19 had already withdrawn his complaint, therefore, his name may be deleted. The complainants mentioned at Sr. No.57 and 58 had moved impleadment application and this Commission could not pass any order on the impleament of these complainants. As this is a class action complaint and these complainants have applied after public notice, their names are to be included in the list of complainants and no prejudice will be caused to the opposite parties, if their names remain included as the order passed by this Commission shall be applicable on all the similarly placed persons even if they are not a party to the present complaint case.

7. With respect to 16 complainants, who have taken possession, it was argued by the learned counsel for the complainants that the possession was taken under protest as would be clear from the legal notice issued by these complainants in May, 2016.

8. With respect of common facilities and amenities, it was pointed out by the learned counsel that the opposite parties in their affidavit evidence dated 30.1.2017 have clearly stated the following:—

“6. I state that the Opposite parties have not committed that at the time of delivering the possession of respective flats to the flat owners, they will complete the entire facilities and amenities in the project. The obligation under the contract is to handover the completed apartment on the date of possession and not the completed amenities and facilities, which the apartment purchasers were made aware will be completed in a phased manner considering the size of the project and considering that development of the entire project is being undertaken in phases. However, all of the facilities and civic amenities except the club house have also been completed and the club house is scheduled to be completed by end of June 2017. Thus once the club house is also completed al