PER MR.JUSTICE A.P.BHANGALE, HON’BLE PRESIDENT

1)    These are group of complaints whereby prospective flat purchasers sought refund of their amounts paid towards total consideration for the flats they had respectively booked with the opposite parties. Due to facts and circumstances bast known to opposite parties, the building project could not be completed due to certain circumstances as opposite parties had also to face series of litigations in Apex Court of India.

2)     This State Commission in consumer complaint case No.16/40 and other complaint cases decided by this State Commission dated 11/12/2018, common order was passed in several such complaints whereby the opposite parties were directed to refund the amount paid by prospective flat purchasers towards total consideration together with 18% p.a. interest from the date of each payment till its realisation as indicated in tabular details. The opposite parties were also directed to pay to the complainants jointly and severally compensation for mental and physical harassment in the sum of Rs.5,00,000/- in each of complaint, so as to compensate the complainants towards the loss suffered  due to escalation in the price of the residential units and each of the complainant was also award litigation cost in the sum of Rs.10,000/-. The award amount was payable within three months from the date of receipt of the copy of the order by the opposite parties.

3)    Our attention is invited by the learned advocate of the complainant to the decision in the Apex Court in the matter of Sahara India Real Estate Corporation Ltd…V/s….SEBI in C.A.No.9813/11  whereby SEBI was permitted to take recourse  to all legal remedies including attachment and sale of sahara’s property, freezing of bank account etc for realisation of amount paid to the opposite parties. In other words, the opposite parties would not be able to complete the building project so as to deliver possession of the flats to respective complainants as booked by them, due to attachment of the properties belonging to the opposite parties. Accordingly it appears that the statements were made before the Apex Court, the Hon’ble National Commission in first appeal No.530/2019 which was decided on 28/03/2019 had also noted the statement on behalf of the opposite parties that they are ready and willing to refund the principal amount as also cost of litigation. In that case State Commission award was referred to which was passed on 25/10/2018.

4)      The sum and substance of the contention before us on behalf of the complainants is that they are interested in refund of the amounts advanced towards consideration alongwith interest @ 18% p.a. from the date of deposit till realisation as also cost and compensation awarded earlier.

5)      As against this contentions, learned advocate for the opposite parties invited our attention to pending litigation in C.A.No.9813 and 9833 of 2011 alongwith contempt petition No.412 and 413 of 2012 with various interim applications, where by the Apex Court made it clear that it had already directed the auction of the property so that no further order was required to be passed and also expressed reluctance to pass any order inrespect of interim application filed on behalf of  Sahara India.

6)        The complaint wise details relating to names of the complainants, dates of allotment, dates of possession, unit numbers, price of the units fixed and amounts paid by each of the complainant are given in the following table. The said particulars are not disputed by both parties.

7)       In the light of these facts and circumstances brought our notice we must allow each of the complaint with conclusion that each of the complaint is partly allowed with direction to the opposite parties to refund to the each of the respectively complainants the amount advanced towards total consideration as shown in the tabular form above to each of the complainant alongwith interest @    18% p.a. with effect from the date of deposit till realisation.

8)      Each of the complainant shall be also be paid compensation towards mental and physical harassment as also due to the delay in non completion of the project in the sum of R.5,00,000/- and each of the complainant shall be paid sum of Rs.10,000/- towards cost of litigation to each of the complaint.

9)       Amount shall be paid within 90 days from the date of receipt of copy of order.

10)     Complaints are partly allowed accordingly. Complainants shall be at liberty to file execution to recover the amount..