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2022 Supreme(Online)(NCDRC) 796

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

REVISION PETITION NO. 1064 OF 2014

(Against the Order dated 10/10/2013 in Appeal No. 715/2012 of the State Commission Andhra Pradesh)

1. CHINTAN H. MEHTA

S/O HARISH MEHTA THROUGH ITS HOLDER POWER OF ATTORNEY,
MEHENDRA RAMAKANT MEHTA,
C/O CHINTAN SALES,
4A/3B,
BHARANI COMPLEX,
MINISTER ROAD,
SECUNDERABAD -3

HYDERABAD

A.P

...........Petitioner(s)

Versus

1. M/S. KALPATHRU HOUSING (P) LTD. & ANR.

NO-9 & 11, III FLOOR, KRISSHNA TOWER, T-1. 3RD MAIN ROAD,
GANDHI NAGAR,
REP BY ITS MANAGING DIRECTOR, MR. T.V SUBBA RAO

BANGALORE - 560009

KARNATAKA

2. M/S KALPATHARU HOUSING (P) LTD.

6-6-74/2, A BLOCK, IIND FLOOR,
DEVI COMPLEX, BEHIND PETROL PUMP,
KAVADIGUDA,
REP,BY ITS MANAGER, MR. CHETAN BHATT,
SECUNDERABAD-3

...........Respondent(s)

REVISION PETITION NO. 1065 OF 2014

(Against the Order dated 10/10/2013 in Appeal No. 716/2012 of the State Commission Andhra Pradesh)

1. MAHENDRA R. MEHTA

S/O RAMAKANTJI MEHTA,
C/O CHINTAN SALES,
4A/3B BHARANI COMPLEX,
MINISTER ROAD,

SECUNDERABAD - 3

1. M/S. KALPATHARU HOUSING (P) LTD. & ANR.

NO-9 & 11 III FLOOR, KRISHNA TOWERS,
T 1, 3RD FLOOR, GANDHI NAGAR,
REP BY ITS MANAGING DIRECTOR, MR,T,V SUBBA RAO

BANGALORE -560009

2. M/S KALPATHARU HOUSING (P) LTD.,

6-6-74/2 A BLOCK IIND FLOOR,
DEVI COMPLEX, BEHIND PETROL PUMP,
KAVADIGUDA,
REP BY ITS MANAGER, MR.CHETAN BHATT,

SECUNDERABAD -3

REVISION PETITION NO. 1066 OF 2014

(Against the Order dated 10/10/2013 in Appeal No. 717/2012 of the State Commission Andhra Pradesh)

1. MOHIT R. MEHTA

S/O RAJENDRA MEHTA.
C/O CHINTAN SALES, 4A/3B BHARANI COMPLEX, MINSTER ROAD,

NO-9 & 11 III FLOOR, KRISHNA TOWERS, T 1, 3RD FLOOR, GANDHI NAGAR, REP BY ITS MANAGING DIRECTOR, MR,T,V SUBBA RAO

2. M/S KALPATHARU HOUSING (P) LTD.,

6-6-74/2 A BLOCK IIND FLOOR, DEVI COMPLEX, BEHIND PETROL PUMP, KAVADIGUDA, REP BY ITS MANAGER, MR.CHETAN BHATT,

BEFORE:

&nbsp

HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT

HON'BLE DR. S.M. KANTIKAR,MEMBER

For the Petitioner :

Mr. Nalin Majithia, Advocate

For the Respondent :

Mr. L. Srinivas Patel, Advocate

Advocates:
For the Petitioner: MR. NALIN MAJITHIA, MRS. S.C. ALIGAVE, MS. JAYSHREE JUNGHARE & MR. CHANDRAKNAT NANDANWAR
For the Respondent:

ORDER

R.K. AGRAWAL, J. PRESIDENT

1.       By these three Revision Petitions, the Original Complainants (hereinafter referred to as the Petitioners) call in question the legality and correctness of a common Order dated 10.10.2013, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad (hereinafter referred to as the State Commission) in First Appeals No. 715/2012, 716/2012 and 717/2012 respectively.  By the Impugned Order, the State Commission has dismissed the Appeals, preferred by the Petitioners herein against three different Orders, all dated 31.07.2012, passed by the District Consumer Disputes Redressal Commission-II, Hyderabad (hereinafter referred to as the District Commission) in Complaint Cases No. 276/2008, 277/2008 and 292/2008 respectively.  By the said Orders, the District Commission held that the Opposite Parties/Respondents had received the entire sale consideration but not registered the sale deed in the name of the Petitioners and, therefore, there was deficiency in service on the part of the Opposite Parties/Respondents.  Consequently, the District allowed the Complaints, preferred by the Petitioners herein, and directed as under:

RP/1064/2014

          “In the result, the complaint of the complainant is allowed in part directing the opposite parties to pay the complainant a sum of Rs.1,75,000/- received by them along with interest @ 9% p.a. from the date of the complaint till the realization and also direct to pay a sum of Rs.10,000/- towards compensation for mental agony and further direct to pay a sum of Rs.3,000/- towards costs.  Time for compliance: 40 days from the date of receipt of this order.”

 

RP/1065/2014

          “In the result, the complaint of the complainant is allowed in part directing the opposite parties to pay the complainant a sum of Rs.1,15,500/- along with interest @ 9% p.a. from the date of the complaint till the date of realization and also to pay a sum of Rs.10,000/- towards compensation for mental agony harassment and a sum of Rs.3,000/- towards costs.  Time for compliance: 40 days from the date of receipt of this order.”

 

RP/1066/2014

          “In the result, the complaint of the complainant is allowed in part directing the opposite parties to pay to the complainant a sum of Rs.70,500/- along with interest @ 9% p.a. from the date of the complaint till the date of realization and also direct the opposite parties to pay a sum of Rs.5,000/- towards compensation for mental agony and a sum of Rs.3,000/- towards costs.  Time for compliance: 40 days from the date of receipt of this order.”

   

2.       The issue involved and the facts in all the Cases are similar vis-à-vis the cause of action, allegations leveled by the Petitioners and the reliefs prayed for in the Complaints and granted by the District Commission and upheld by the State Commission by the common Impugned Order.  Accordingly, all the Revision Petitions are being disposed of by this common Order.  However, for the sake of convenience, Revision Petition No. 1064 of 2014 is treated as the lead case and the facts enumerated therein are referred to and dealt with in this Order.

3.       The facts, in brief, as culled out from Revision Petition No. 1064 of 2014, are that on the representations made by the Opposite Parties/Respondents herein that they were pioneer in the field of real estate having offices at several places, including California and Florida, USA, and had floated a Joint Venture/Scheme near Bangalore International Airport, Bangalore, wherein plots were to be sold to the prospective buyers, and whoever would book the plot would get a Gold Chain, Ray Ban Glasses and a Diamond Necklace, the Petitioner became a Member in the said Joint Venture/Scheme sometime in the year 1996 and booked a plot in the Layout of Indra Sai Enclave, Devanahalli, Near Bangalore International Airport, Bangalore and also entered into Sale Agreement with the Opposite Parties/Respondents sometime in the year 1998.  After p

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