PER HON’BLE PRESIDENT MRS. S. S. MHATRE :-

1. The abovenamed Complainants are residing at the addresses mentioned as above.  The Opposite Party is a Private Limited Company  engaged in the  business of constructions/selling of the flats and the Opposite Party is conducting the said business in different names through  it’s directors from Sr. No  I to XV  mentioned in the  cause title.  Since, the subject matter of the above five complaints is same, we are disposing of the above five complaints by this common order.

1. Territorial  Jurisdiction :-  The Office of the Opposite Party is at Vashi – Navi Mumbai and cause of action is partly arose in the office at Navi Mumbai, when the complainants visited at the office of the Opposite Party for booking the respective flats, as mentioned in the table given below. Hence, the above complaints filed are within the territorial jurisdiction of this Forum.
2. Pecuniary Jurisdiction :- The Complainants have claimed for the possession of the respective flats booked with the Opposite Party or asked for the refund of amount with interest from the Opposite Party, which is paid by them for purchasing the aforesaid flats.  The total claim of the complainants in their above respective complaints is below Rs.20,00,000/-. Hence, all the above complaints are within the pecuniary jurisdiction of this Forum.
3. Cause of action :- The Complainants have paid huge consideration amount  to the Opposite Party and booked the flats in the year-2012.  Despite of that, the Opposite Party failed to give possession of the said flat to the complainant, by complying necessary legal formalities for the sale.  Hence, the present complaints filed in the year 2013 are within the time limit, as stipulated in Consumer Protection Act, 1986.

2. The Opposite Party have issued receipts to the above complainants for the amount shown in the above table, received from the respective complainants.

3. The Opposite Party have signed the MOUs with the above complainants and thereby assured to handover the possession of the respective flats to the complainants in the year 2013.  But, in spite of receipts of above mentioned huge amounts, the Opposite Party reluctant to give possessions of the said flats to the Complainants by completing necessary legal formalities, although frequent requests were made by the complainants to the Opposite Party.  Hence, the complainants have filed the present complaints against the Opposite Party and prayed for the possession of the respective flats or refund of amounts paid to the Opposite Party for the said flats. The complainants also prayed for rent amount, as the complainants are staying on rent as also the amount for interest on borrowed money.  Further, the complainants also prayed for compensation for mental torture and litigation charges.

4. After admission of the above complaints, the notices were issued to the Opposite Party.  But, the Opposite Party chosen to remain absent before the Forum.  Thereafter, the Public Notice was published in “Kokan Sakal” newspaper on 09/01/2015 for appearance of the Opposite Party.  But, the Opposite Party did not respond to the said notice also.  The Complainants’ Advocate filed the service affidavit dt.01/01/2014 in support of service of notice upon the Opposite Party, stating therein that one Mr.Yogesh Karande, one of the Directors of the Opposite Party have received the notices on behalf of the Opposite Party and its all Directors.  Hence, Ex-Parte Orders are passed on 03/03/2015 against the Opposite Party.

5. The Complainants in their affidavits of evidence and written arguments stated that by keeping the complainants and other proposed flat purchasers in dark, the Opposite Party used to show closed flats/ rooms, which were already mortgaged with the DRT or sold to other 4 to 5 persons earlier, with a false promises of giving possession of the said flats by completing necessary formalities.  The Opposite Party are carrying the said business of selling the flats by different names of companies through it’s directors mentioned as above in the cause title.  The Complainants have annexed a cutting of the news published in the local news paper “Mumbai Mirror” dt.28/01/2013, against the Opposite Party about the fraud committed and cheating done by them towards the several flat purchasers like the present complainant in different areas like Mira Road, Virar, Kharghar, Andheri, Koparkhairne, etc., who have purchased the flats from the Opposite Party by paying their hard earned money.  It is also stated in the said news that some of the directors of the said Opposite Party are also frequently changing their names and cheating the innocent flat purchasers by giving false promises about the transaction of the said flats.  For which some of the flat purchasers like complainants have made complaint to the Police.  The complainants have also annexed some copies of FIR lodged against the Opposite Party.

6.  The points considered by the Forum are as follows-

1. Are the complainants are the consumers of opposite party?      Yes.
2. Whether the opposite party is responsible for deficiency in service towards the complainants?  Yes.
3. Whether Complainants are entitled for the reliefs claimed in their respective Complaints? Complaints are partly allowed.
4. What order? As per the final order.

7. Reasons :- The Complainants have booked the flats (details of which are mentioned in the aforesaid table) from the opposite party in the year 2012 and for that the complainants have paid huge amount to the Opposite Party, as mentioned in the above table.  Hence, the complainants are the consumers of the Opposite Party.  The Opposite Party failed to give possession of the said flats within stipulated time due to the reasons mentioned in the paragraph number 5 mentioned as above or failed to refund the amounts with interest paid by the complainants.  Hence, the Opposite Party is deficient in service towards the complainants.  Therefore, we are of the view that the Opposite Party through it’s Directors, as mentioned in cause title are liable to refund the amounts paid by the complainants to the Opposite Party alongwith Rs.25,000/- as compensation for the mental torture and Rs.20,000/- for litigation charges to each of the above complainant.  As far as, amount for rent and interest on borrowed money is concerned, the same cannot be considered in absence of any documentary evidence, such as leave and license agreement /rent receipts etc.

                        Hence, in the interest of justice, we passed the followed order.

Final Order

1. CC/112/13, CC/113/13, CC/115/13, CC/118/13 and CC/120/13 are partly allowed.
2. The Opposite Party i.e, Realty (India) Home Zone Pvt. Ltd., Hertha Realtors Pvt.Ltd., through it’s Directors as mentioned in cause title, are directed to refund the amount paid by the complainants as follows :-
   1. Rs.4,50,000/- to the complainant in CC/112/13 alongwith 12% interest from 08/10/2012 till actual realization within a period of 2 months from the outward date of this order,
   2. Rs.3,75,000/- to the complainant in CC/113/13 alongwith 12% interest from 17/10/2012 till actual realization within a period of 2 months from the outward date of this order,
   3. Rs.4,00,000/- to the complainant in CC/115/13 alongwith 12% interest from 16/11/2012 till actual realization within a period of 2 months from the outward date of this order,
   4. Rs.5,40,000/- to the complainant in CC/118/13 alongwith 12% interest from 29/11/2012 till actual realization within a period of 2 months from the outward date of this order &
   5. Rs.7,00,000/- to the complainant in CC/120/13 alongwith 12% interest from 21/11/2012 till actual realization within a period of 2 months from the outward date of this order.
3. Prayers for refund of the amounts paid on account of the rent by the complainants are rejected, due to lack of documentary evidence, such as leave and license agreements /rent receipts etc., for the actual rents paid by the complainants.  Similarly, prayers for the refund of interest paid on bank loans are also rejected in absence of documentary evidences.
4. The Opposite Party i.e, Realty (India) Home Zone Pvt. Ltd., Hertha Realtors Pvt.Ltd., through it’s Directors as mentioned in cause title, are directed to pay Rs.25,000/- for the compensation for the mental torture and Rs.20,000/- for the litigation charges to each of the complainants in the above complaints.  Compliance of this order is to be done by the Opposite Party within a period of 2 months from the outward date of this order.
5. Send certified copies to all the concerned parties free of cost.

Place – Kokan Bhavan, Navi Mumbai.

Date –29/07/2015