SURESHBHAI N. PATEL Vs. GIRDHARBHAI NEMCHAND SHAH
LAWS(NCD)-2020-10-28
NCDRC
Decided on October 13,2020

Sureshbhai N. Patel Appellant
VERSUS
Girdharbhai Nemchand Shah Respondents

JUDGEMENT

V.K.Jain, J. - (1.) No one is present for the complainant/respondent no.1 who was proceeded exparte vide order dated 07.11.2017. The complainant in this matter namely Girdharbhai Nemchand Shah filed a Consumer Complaint in the year 2000, alleging therein that Late Sh. Suresh Bhai N. Patel who was carrying the business under the name & style of 'S.P. Builders', advertised for sale of residential flats in a housing scheme namely 'Dev Apartments' in Navrangpura, in the year 1979. According to him, he visited the site where the work was going on and was informed by Late Sh. Suresh Bhai N. Patel that the cost of the flat would be Rs.1,50,000/- including the cost of land. According to the complainant, he paid Rs.61,000/- by cheques and the balance amount in cash. According to him, the construction was left incomplete and therefore, he had to occupy the incomplete flat in May 1982. He also claimed to have incurred expenditure of Rs.77,009/- on completing the work which the builder had left incomplete. He approached the concerned State Commission by way of a Consumer Complaint seeking several reliefs including payment of Rs.77,009/- from the builders.
(2.) The complaint was resisted by the builder who stated in their written version that they were concerned only with the construction of the flat and had nothing to do with its land component. It was also stated in their written version that only Rs.61,000/- were paid to them by the complainant and they had executed work to the extent payment was received by them, before they were thrown out by the complainant.
(3.) The land owners who were impleaded as OP No.3 & 4 in the Consumer Complaint, also contested the Consumer Complaint on several grounds.;


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