Published On : Sat, Apr 20th, 2019

NCDRC allows joint filing of consumer case in Empress City

Issues notices to builders


Nagpur: In a significant move, the National Consumer DisputesRedressal Commission, New Delhi comprising Justice Deepa Gupta (Retd High Court Judge) and Prem Narain (Member) passed an order and permitted to file joint consumer complaint u/s 12 (1) (c) of CPA 1986. The top consumer court held that there is a commonality in the grievance raised by the complainants and builder has failed to provide complete amenities in spite of seven years, hence the complaint is admitted as ‘class suit’.

The NCDRC has directed to publish public notice of the complaint under in local newspapers to facilitate other home buyers to join the complaint.

The NCDRC further issued notices to builder M/s Reward Real Estate Co. Ltd and M/s KSL Industries Ltd in a joint consumer complaint filed by 63 home buyers Pawan KumarJain and others seeking refund of sale consideration with interest alleging deficiency in service and unfair trade practice. The home buyers approached the consumer court against the builder, who has failed to complete the project and give sale-deed to consumers in spite of receiving complete sale consideration. The petitioners contended that the builder has cheated them and failed to give the promised facilities and amenities even till today.

The complainants stated that they purchased 3-BHK flats admeasuring 1500square feet in a housing project named “Empres city” situated near Gandhisagar Nagpur inclusive of all the amenities, flower beds, parking slots, podium garden, club facility, gymnasium, security in pursuance of massive advertisements. The builder collected around Rs 200 crore from 300 buyers but has failed to complete the scheme and deliver the possession even after six years.

The petitioners further stated that the builder has also failed to give promised amenities like gymnasium, sewage treatment plant, swimming pool, health club, yoga room, spa room, banquet hall, CCTV etc.

Counsel for the consumers Tushar Mandlekar argued that the builder has indulged in unfair trade practice and deficiency in service and hence all consumers must be compensated.The builder has also failed to give water connection to the buyers who are forced to buy water from open market. The petitioners have sought refund of their money along with interest of 16 per cent per annum from the date of each payment. The claim of each complainant is more than Rs one crore.

Adv Mandlekar was assisted by Adv Rohan Malviya.