ORDER

V.B. Gupta, Presiding Member - Consumer Disputes Redressal Commission, Mumbai, Maharashtra (for short 'state Commission') vide common order dated 30th October, 2009 disposed of two appeals (No. 728 and 729/2009) filed by respondents Kalikant Mishra and Sujit Kumar Mishra as issues involved in these appeals were common and the builder (i.e. petitioner) is also common.

2. Respondent/Complainant (Kalikant Mishra) filed complaint (No. 390/2007) whereas respondent/complainant (Sujit Kumar Mishra) filed complaint (No. 398/2007) before District Consumer Forum, Thane, for not giving possession of two flats to them. According to their complaints they had purchased flat Nos. 401 and 402 on 4thfloor in "A" Wing in the building known as NG Vikas' and each flat is measuring 379.88 sq. ft. in area. Cost of flat No. 401 was Rs. 8,24,600. Accordingly, agreement for sale was registered on 25.4.2006. As per complainant, he paid Rs. 5,50,000 out of Rs. 8,24,600 to the O.P. as part consideration. Complainant further submits that he approached O.P. and requested for possession of the flat after receipt of balance consideration amount. However, O.P. failed to hand over the flat to the complainant.

3.