SUJATHA DEVI AKONDI Vs. SAFEWAY INFRA
LAWS(NCD)-2020-2-101
NCDRC
Decided on February 18,2020

Sujatha Devi Akondi Appellant
VERSUS
Safeway Infra Respondents

JUDGEMENT

V.K. Jain,J. - (1.) No one is present for the respondents. I have therefore heard the learned Counsel for the appellants and have considered the record. The complainants/appellants entered into agreements with the respondents wherein the respondents offered residential plots to the complainants and undertook to construct villas for the complainants on the said plots. The parties executed agreements incorporating their respective obligations in respect of the transactions. In FA No. 218 of 2019 and 219 of 2019 the construction of the Villa was to be completed within 18 months though a grace period of 6 months was also available to the respondents for the purpose. In FA No. 225 of 2019 the construction was to be completed within 24 months and the grace period of 6 months was available to the respondents. In the other appeals the construction was to be completed within 12 months and again a grace period of six months was available to the respondents for completing the construction. The construction of the villa having not been completed and the possession having not being offered to the complainants/appellants they approached the concerned State Commission by way of separate consumer complaints.
(2.) The complaints were resisted by the respondents who admitted the agreement with the complainants/appellants but claimed that the construction could not be completed in time on account of non-payment of dues by some other allottees of the project. The respondents also took a preliminary objection that the State Commission lacked jurisdiction to entertain the complaints and that even otherwise the complaints were barred by limitation.
(3.) The State Commission vide impugned order dated 08.01.2019 directed the respondents to complete the remaining work and deliver possession to the complainants within one month. The respondents were also directed to pay Rs.50,000/- as compensation to the complainants along with cost of litigation quantified at Rs.10,000/- in each case. Being aggrieved from the order of the State Commission as far as the quantum of compensation is concerned, the appellants are before this Commission.;


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