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SWAGTHAM INVESTMENT LIMITED & OTHERS VERSUS SKIPPER CONSTRUCTION CO. PVT. LTD.

    Original Petition Nos. 35, 36 & 44 of 1993
    Decided On, 10 May 1994
    At, National Consumer Disputes Redressal Commission NCDRC
    By, HE HONOURABLE MR. JUSTICE V. BALAKRISHNA ERADI
    By, PRESIDENT
    By, MR. Y. KRISHAN & MR. JUSTICE B.S. YADAV
    By, MEMBERS
    For the Complainants: Mr. C.S. Vaidyanathan, Sr. Adv. with Ms. Shashi Saxena, Advocate. For the Opp. Party : Nemo.


Judgment Text
Mr. Justice V. Balakrishna Eradi, President


The complainants in these three connected cases had registered themselves and paid advance amounts for the purchase of commercial spaces in a building which was advertised by the Opposite Party as being constructed by the Opposite Party company with a promise that possession of the same would be available within a period of one and half years. The grievance of the complainants is that notwithstanding their having paid a substantial portion of consideration for the spaces applied for by them as early as in 1981, there has been no progress in the construction of the building and there is no prospect of their being provided with the commercial spaces as promised by the respondents. Hence, the Opposite Party should be held guilt of deficiency in service and it should be made liable to pay appropriate compensation to the complainants for the heavy loss that they have suffered.


2. Inspite of repeated notices having been served on the Opposite Party, it has not chosen to appear in these proceedings and hence by our order dated 9th February, 1994 it has been set ex-parte. The complainants have filed sworn affidavits in proof of the averments contained in the complaints. We accept the averments contained in these affidavits as true and hold that the complainants have proved their case as against the Opposite Party. We direct that the Opposite Party shall refund to the complainants, in each of the three cases, the amounts paid by them towards the cost of the commercial spaces booked by them with interest at 18 per cent from the dates on which different instalments of deposits were paid. The interest will run at the said rate till the actual repayment in full is effected. In addition, the Opposite Party shall also pay to each of the complainants a sum of Rs. 40,000/- by way of compensation for the mental pain, agony and harassment suffered by them as a consequence of default on the part of the respondent in the matter of not carrying out its obligations under the service agreement. The amounts spec

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ified above, shall be paid by the Opposite Party to the complainants within six weeks from today. 3. A copy of this order will be forwarded to the Opposite Party by the Registrar of this Commission forthwith.
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