AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR IN BOTH APPEALS:

Date of Institution: 17/12/2024 Date of Final Hearing: 16/06/2025 Date of Pronouncement: 20/06/2025 APPEAL No.- FA/24/753 IN THE MATTER OF :

Sanjay Sundarani S/o. Shri Jawahar Sundarani, R/o. C-2/40, Sector-07, New Rajendra Nagar, Dist. Raipur (C.G.)

Old Address: Beside Dr. Jagdish Meghani Clinic, Katora Talab, Raipur (C.G.) … Opposite Party/ Appellant Through: Shri R.K. Bhawnani, Advocate Vs.

Smt. Sunita Kar W/o. Shri Ashok Kumar Kar, Address: 79/2, VIP Nagar, Risali, Bhilai, Dist. Durg (CG) … Complainant/ Respondent Through: Shri Nilesh Thakur, Advocate APPEAL No.- FA/24/754 IN THE MATTER OF :

Sanjay Sundarani S/o. Shri Jawahar Sundarani, R/o. C-2/40, Sector-07, New Rajendra Nagar, Dist. Raipur (C.G.)

Old Address: Beside Dr. Jagdish Meghani Clinic, Katora Talab, Raipur (C.G.) … Opposite Party/ Appellant Through: Shri R.K. Bhawnani, Advocate Vs.

Manish Kumar Kar S/o. Shri Ashok Kumar Kar, Address: 79/2, VIP Nagar, Risali, Bhilai, Dist. Durg (CG) … Complainant/ Respondent Through: Shri Nilesh Thakur, Advocate CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT IN BOTH APPEALS: -

Shri R.K. Bhawnani, for the appellant.

Shri Nilesh Thakur, for the respondent.

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This order will govern disposal of both these appeal Nos.FA/2024/753 and FA/24/754 filed under section 41 of the Consumer Protection Act 2019 (hereinafter called “the Act” for short) arising out of separate orders dated 25.11.2024 passed by District Consumer Disputes Redressal Commission, Raipur (C.G.) (hereinafter called “District Commission” for short) in Complaint Case No.CC/2015/838 & CC/2015/837 respectively, whereby both the complaints were partly allowed directing the opposite party / appellant herein in both the appeals to pay the complainant/ respondent Rs.2,00,000/- (Two Lacs) towards compensation for incomplete construction of house and not handing over possession of the same within the stipulated period under agreement between the parties, Rs.25,000/- (Twenty Five Thousand) towards compensation for mental agony within 45 days, failing which simple interest thereon @ 6% p.a. from the date of order till the date of payment. The opposite party/ appellant were also directed to pay Rs.5,000/- (Five Thousand) to the complainant/ respondent towards advocate fee and cost of litigation. As both these appeals involve similar question of law and facts they are being decided by this common order and for the purpose of convenience the facts of Appeal No.FA/24/753 are being discussed hereinafter in this common order.

2. In nutshell the facts of the case, as per averments made in the complaint by the complainant/ respondent, are that the opposite party/ appellant is in business of selling plots and building construction in the name of Om Buildcon. On 07.06.2012, the opposite party/ appellant sold to the complainant/ respondent, in the capacity of partner, a piece of residential land Khasra No.40/27-22, Plot No.18, Area 1025 sq. ft. (Plot No.19) Mauza-Amlidih, P.H. No. 114/45, R.N.M. Raipur-2, Tehsil and District Raipur Corporation limits under ward No.46 Dr. Rajendra Prasad Ward (Amalidih) for Rs.7,50,000/-. The opposite party / appellant also does the work of building construction. As he sold the above mentioned land in the name of Dream Plaza Scheme and carried out the construction work himself, he got an agreement executed on 07.06.2012 with the complainant/ respondent and by which received total amount of Rs.27,50,000/- in cash towards the purchase price of the land and construction of the house. According to the said agreement, the opposite party/ appellant promised to construct a 1600 sq. ft. concrete house on the ground and first floor as per the brochure within 10 months and hand it over to the complainant.

3. In appeal No.FA/24/754 arising out of complaint case No.CC/2015/837 t