Per Smt.S.P.Lale, Hon’ble Member By this common judgement we are disposing of these three appeals since these three appeals are arising out of common order. These appeals are involving identical facts and common question of law. These three appeals are directed against the common order dated 14/7/2010 passed by District Consumer Disputes Redressal Forum, Ratnagiri, whereby while allowing the complaint, forum below directed O.P. as under:- “Complainants consumer complaints are partly allowed. O.P.no.1 is directed to form and register the society in which the complainants are residing. O.P.no.1 is directed to appoint immediately sweeper at their own cost till formation of society. O.P.no.1 is directed to pay `5000/- (Rupees five thousand only) towards removal of defects to the complainant in consumer complaint no.129/2009 and `5000/- towards physical and mental harassment and cost. O.P.no.1 is directed to pay `6000/- (Rupees six thousand only) towards removal of defects to the complainant in consumer complaint no.149/2009 and `5000/- towards physical and mental harassment and cost. O.P.no.1 is directed to pay `10,500/- (Rupees ten thousand five hundred only) towards removal of defects to the complainant in consumer complaint no.150/2009 and `5000/- towards physical and mental harassment and cost.” Being aggrieved by the said common order, O.Ps have filed the present appeal. Complainants have purchased the flats from the O.Ps at “Golden Park”. After taking possession of the said flats, complainants noticed that area of the flats is lesser than what was agreed in the agreements. Therefore, complainants filed consumer complaints for rectifying the defects and prayed for excess amount paid by the complainants to the O.Ps and also prayed for formation of society. O.Ps filed their written statement and pleaded that complaints filed by the complainants are time barred. O.Ps further pleaded that complainants have not paid full consideration amount as per square feet but the complainants have paid consideration amount by paying the amount in lump sum. O.Ps further pleaded that they have not avoided for formation of society and, finally, prayed for dismissal of complaints. After considering the documents placed before the forum below, Ld. District Consumer Disputes Redressal Forum partly allowed the complaints and passed common impugned order. Heard Mr.P.Pathak –Advocate for the appellants in A/10/813 & A/10/815 and Mr.P.G.Damle-Advocate for the respondent. Heard Mr.P.Pathak-Advocate for the appellant in A/10/814 and Ms.Suvarna Joshi-Advocate for the respondent. Appellants have contended that the consumer complaints filed by the complainants are time barred. According to respondents they have filed complaints within two years of execution of conveyance deed by the appellants in favour of the respondents. Therefore, consumer complaints filed by the complainants are very much well within limitation. Respondents further contended that the appellants have failed to form the society. Therefore, respondents have faced many problems like maintenance of society and payment of the watchman and sweeper of the society. Forum below has rightly taken into consideration the Court Commissioner’s report and awarded to the complainants `5000/- towards the removal of defects and `5000/- for mental agony and cost in consumer complaint no.129/2009. Forum below also awarded `6000/- for removal of defects in construction and `5000/- towards the mental agony and cost in consumer complaint no.149/2009 and forum below further rightly directed `10,500/- for removal of defects in construction and `5000/- towards mental agony and cost in consumer complaint no.150/2009. As such, said appeals are appearing to be devoid of any substance. Therefore, order passed by the forum below is perfectly correct and sustainable in law. There is no merit in the appeals. Hence the following order:- ORDER Appeal nos.813/2010, 814/2010 & 815/2010 stands summarily rejected. No order as to costs. Copies of the order be furnished to the parties. | 
