26-03-2015 - Both the similar appeals were head together and are being disposed of by this common order.

2.     Heard the parties on the point of limitation.

On being satisfied with the grounds, the delay of about 34 days in filing FA No.178/14 and about 73 days in filing FA No. 6 of 2015 are condoned.

3. Mrs. Chaitali Sinha, learned counsel appearing for the O.Ps./ appellants –(Builders in short) in both the cases, submitted that on the request of the complainants- respondents (Purchasers for short) in both the cases, bigger plots of land were given to them by the sale deeds dated 24.10.2011, and therefore the learned District Forum should not have directed the Builders to take payment as per schedule Annexure - 5 which was the rate prevalent at the time of registration of earlier plots.

4. On the other hand Mr. R.K. Singh, learned counsel appearing for the Purchasers supported the impugned judgements.

5. It appears that the Builders allotted / registered smaller plots in favour of   the Purchasers than the agreed area. Then other plots of agreed areas were allotted/ registered. The Purchasers paid money from time to time for the plots and for construction. But the construction was not started, for more than 3-4 year. The Purchasers sent legal notices and ultimately had to file the complaint cases in question.

6. In the facts and circumstances, of the case, the learned District Forum rightly held that the Builders were negligent in not executing the deed of agreement for construction of the building, and for not taking proper steps for construction.

7. Thus the Builders were directed to execute the agreements for construction of the buildings in favour of the Purchasers within a month from the date of the order. The Builders were also directed to take necessary steps for cancellation of the first sale deeds in which the Purchasers were expected to cooperate. The Builders were further directed to construct the buildings as per the specifications and hand over the possession of the constructed house within six months, and the Purchasers were to pay as per the schedule Annexure-5. It was lastly ordered that if the Builders fail to hand over the houses to the Purchasers, within six months, they will pay double of the amount received by them from the Purchasers. The cost of cancellation of the earlier deeds were to be shared mutually by the parties.

8. It was informed by the Purchasers that the construction has not started till now.

9. After hearing the parties at length and going through the records we do not find any ground to interfere with the impugned judgements.  Apparently there has been deficiency in service by the Builders, by not starting construction even after the expiry of about four years.

10. In the circumstances the Builders are directed to pay the double of the amount received by them from the Purchasers within two months from today.  In the meantime they will also take steps for cancellation of both the earlier sale deeds, in which the Purchasers undertake to cooperate. The cost of cancellation will be borne by the Builders.  If this order is not complied within the said period, the Builders will also be liable to pay simple interest @ 12% P.A. on the said double amount, from the date of this order till the payment/ realization

With these observations and directions these appeals stand dismissed.

                           Issue free copy of this order to all concerned for information and needful.

              Ranchi,

              Dated:-26/03/2015