- (1.)These nine Appeals No.846, 847, 848, 849, 850, 851, 852, 853 and 854 of 1997 have been filed against orders dated 10.10.1997 passed by District Consumer Disputes Redressal Forum, Bhopal in their Case Nos.272, 284, 278, 277, 270, 276, 285, 280 and 271 of 1995 respectively. All these nine appeals are being disposed of by one composite order because the District Forum has passed exactly similar order in all these cases. The facts and circumstances, law points and various other issues involved are also exactly identical. The District Forum has rejected the complaints and directed the complainants to pay Rs.500/- as proceeding expenses to the opposite party.
(2.)Heard the arguments of both the parties and perused and records of the case.
(3.)The facts of all these cases are that the complainants had booked MIG houses/flats with the opposite party under self-financing scheme in seven acre scheme in Saket Nagar, Bhopal. Out of nine complainants seven had booked "c" type houses and two complainants had booked "h" type houses. At the time of booking, the costs of the houses as fixed by BDA were Rs.2,86,250/- for "c" type houses and Rs.3,14,900/- for "h" type houses. After collection of registration amount of Rs.30,000/-, the Bhopal Development Authority issued allotment orders to these complainants directing them to deposit the balance of the cost of the house in four exactly equal instalments fixing last dates for payment of each instalment. The dates were fixed in such a way that two months' time was given for payment of each instalment. Thus all the four instalments covering entire cost of the house were to be paid within a period of eight months from the date of issuance of allotment order. Each instalment for "h" type house was Rs.71,225 /- and for "c" type house was Rs.64,062.50 paise. Out of these nine complainants, seven paid all the four instalments exactly within the specified period of eight months. One of the remaining two delayed payment of only fourth instalment by two months and the other one delayed by three months. All of them had also paid escalated cost, advance lease rent, service charges, interest etc. , in lump sum within a period of three weeks on receipt of demand from BDA. This amount of escalated cost etc. was only 2 to 8% of the original cost already deposited.