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Cause Title/Judgement-Entry
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Complaint Case No. CC/19/41
( Date of Filing : 12 Apr 2019 )
 
1. SHRI. TULSIRAM D. TRIVEDI
R/O. SONI LANE TEMPLE BAZAR, SITABULDI, NAGPUR
NAGPUR
MAHARASTRA
2. SMT. KALPANA VIVEK TRIVEDI
R/O. SONI LANE TEMPLE BAZAR, SITABULDI, NAGPUR
NAGPUR
MAHARASTRA
3. SMT. NEELAM MAHESH TRIVEDI
R/O. SONI LANE TEMPLE BAZAR, SITABULDI, NAGPUR
NAGPUR
MAHARASTRA
...........Complainant(s)
Versus
1. SAHARA PRIME CITY LIMITED
THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR MR. SUBRATO ROY, HOMES MARKETIN AND SALES CORPORATION REGD. OFFICE COMMAND OFFICE AT SAHARA INDIA CENTRE, 2, KAPOORTHALA COMPLEX, LUCKNOW-226024 U.P.
LUCKNOW
UTTAR PRADESH
2. SAHARA PRIME CITY LIMITED
THROUGH ITS AUTHORIZED PERSON, OFFICE ZONAL OFFICE, 2ND FLOOR GODREJ MILLENIUM BUILDING 9TH KOREGAON PARK ROAD NEAR TAJ BLUE DIAMOND HOTEL, PUNE-411 001
PUNE
MAHARASTRA
3. SAHARA PRIME CITY LIMITED
THROUGH ITS AUTHORIZED PERSON, HAVING ITS HEAD OFFICE SAHARA PRIME CITY LTD, 11TH FLOOR, C-59, G-BLOCK BANDRA KURLA COMPLEX, BANDRA (EAST) MUMBAI-400 051
MUMBAI
MAHARASTRA
4. SAHARA PRIME CITY LIMITED
THROUGH ITS AUTHORIZED SIGNATORY SAHARA PRIME CITY SITE OFFICE SAHARA CITY HOMES, VILLAGE GAVSI MANAPUR, NEAR ASHOK VAN, 15 MILESTONE, WARDHA ROAD, NATIONAL HIGHWAY NO.7, NAGPUR
NAGPUR
MAHARASTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. DR. S.K. KAKADE PRESIDING MEMBER
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
Advocate Mr.Pancholi is present for Complainant.
......for the Complainant
 
Advocate Mrs.Renuka Nalamwar is present for respondent.
......for the Opp. Party
Dated : 04 Oct 2022
Final Order / Judgement

PER HON’BLE A.Z.KHWAJA, JUDICIAL MEMBER. 

1)       Complainant Nos.1, 2 and 3 have preferred the present Complaint under section 17 of Consumer Protection Act 1986. Short facts leading to the filing of the present complaint may be narrated as under :- 

2)      Complainant Nos. 1, 2 and 3 are residents of Nagpur and were searching for flat for their residential purpose. O.P.Nos.1 to 3 claims to be a repudiated builders and developers and they had also advertised their scheme of flats. Complainants therefore approached to O.Ps and booked one unit in Sahara Prime City Nagpur consisting of two bed rooms on 7th floor and the consideration was fixed at Rs.29,74,000/-. Subsequently discount was given to the complainant and the price was reduced and fixed at Rs.28,84,780/-. Complainant has alleged that as per allotment letter dated 21/05/2010 the complainants had paid an amount of Rs.10,64,834/- out of total consideration. Complainants had also made the payments from time to time but the O.P. namely Sahara Prime City Ltd. , failed to complete the construction and also failed to execute the sale deed and handover the possession of the unit in the project namely Sahara Prime City Ltd.  Complainants  have contended that they found that the construction of unit No.B-12/705 is still incomplete. Complainants then requested the O.Ps. from time to time but there was no proper response nor there was completion of the project. Complainant was therefore convinced that despite having received huge amount of Rs.10,64,834/- the O.Ps. had failed to complete the construction as per the assurances given and had also failed to handover the possession of the flat and execute sale deed and same amounts to deficiency in service as well as Unfair Trade Practice. Therefore the complainants lodged the present complaint with a prayer to handover the vacant possession of the residential unit within stipulated period or in the alternative to refund the amount of Rs.10,64,874/- alongwith penal interest @ 24% p.a. Complainant also prayed for compensation of Rs.10,00,000/- and cost of litigation and so the complaint.

3)      O.Ps. have appeared and resisted the complaint by filing written version on record. O.Ps. have admitted that the complainant had booked the flat in the scheme namely Sahara Prime City Ltd.   O.Ps



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