IMPORTANT POINT
The permission of the Charity Commissioner is not necessary to file complaint before Consumer Forum.

V.K. Jain, Presiding Member—The petitioner Ganpat Shivajirao Jadhav was the trustee of a trust, namely, Sr. Citizen Trust which is respondent No.2 in these petitions. Separate agreements were executed by the trust with the complainants whereunder the trust was to construct Bungalows, each measuring 500 sq.ft. of built up area in a project, namely, Sr. Citizen’s Village. The agreements were executed by the trust through the petitioner Ganpat Shivajirao Jadhav. The aforesaid cottages were to be constructed on the land belonging to petitioner. The said land at the time the agreements were executed, was an agricultural land. The petitioner was to obtain the requisite permission for construction of residential flats on the said land and then transfer the land to the trust. The construction thereafter was to be raised by the trust. The sale consideration in terms of the said agreements was paid by the complainants by way of cheques in the name of the trust though the said cheques were handed over to the petitioner. As per Clause 6 of the Agreements, the trust was to give possession of the cottages to the allottees by December, 2013. However, the construction of the cottages did not even commence by December, 2013 since the requisite permission for use of the above-referred agricultural land for residential purposes came to be granted only on 14.3.2016. Being aggrieved from the failure of the trust and the petitioner to perform the contractual obligations in terms of the agreements, the complainants approached the concerned District Forum by way of separate consumer complaints. The petitioner as well as the trust was impleaded as the opposite parties in the said complaints.

2. The complaints were resisted by the petitioner as well as by the trust who admitted the agreements with the complainants as well as the payments received from them. Neither the petitioner nor the trust preferred written version before the District Forum which allowed the consumer complaints and directed the opposite party in the consumer complaints as under:—

“RP No. 2752 of 2018

1. The complaint No. 621 of 2015 is partly allowed.

2. It is hereby declared that respondent Nos. 1 & 2 are held responsible for deficiency in service and for engaging into unfair trade practice, by not handing over the possession of cottage, bearing No. J.7 admeasuring 500 sq. feet, survey No. 44, situated at village Poi, Taluka, Karjat, District Raigad, in a scheme under the “senior Citizen Project Affected”, within the prescribed period, to the complainant inspite of writing letters by complainant to respondents and sending notice through advocate

3. The respondent Nos. 1 & 2 jointly and severally shall hand over peaceful and vacant possession of cottage bearing No. J.7 admeasuring 500 sq. feet, Survey No. 44, in “Senior Citizen’s Village”, at Mauje Poi , Talua: Karjat, District, Raigad, with all amenities and facilities, within 30 days from the date of receipt of this order.

4. If the respondent Nos. 1 & 2 jointly and severally may not be in position to comply with the clause No. 3 of this order, respondent Nos. 1 & 2 shall jointly and severally to pay to the complainant, an amount of Rs.10,00,000/- (Rs. Ten lacs only), paid to them on account of purchase of cottage bearing No. J-7, alongwith interest at the rate of 14% per annum, from the respective dates as shown in the table inserted while answering point No. 1 above, till realisation of the entire amount.

5. The respondent Nos. 1 & 2 shall pay compensation to the tune of Rs.5,00,000/- (Rs. Five lacs only) to the complainant towards the costs of this complaint, mental and physical agony being suffered by the complainant, within 30 days from the date of this order.

6. Copies of this order be sent to the respective parties free of cost.

RP No. 2753 of 2018

7. The complaint No. 620/2015 is partly allowed.

8. The Opposite party No. 1 and 2 both are jointly and/or severally held guilty for deficiency in service