- (1.) THIS appeal under Section 15, of the Consumer Protection Act, 1986 , is directed against the order dated 15.9.2003 in Complaint No. 578/1998 by District Consumer Disputes Redressal Forum, Durg (hereinafter called District Forum for short) holding the appellants as well as respondent Nos. 2 to 4 jointly and severally liable to pay to the complainant/respondent No. 1, Rs. 2,25,000 with interest payable @ of 18% per annum from 18.1.1997 besides Rs. 1,000 as cost of complaint.
(2.) THE complainant/respondent No. 1 averred that the appellant opposite party Nos. 2 to 5 were partners in the partnership in the name and style of opposite party No. 1 M/s. Farishta Tower (appellant No. 2 herein). Thus, the appellant No. 1 and respondent Nos. 2, 3 and 4 as well as deceased Mehdi Mohd. Farishta (who was originally arrayed as opposite party No. 2) were the partners of the aforesaid partnership. The partnership carried on the business of construction and sale of shops and flats. The complainant averred that he had booked a flat No. 17 of the first floor in the multi -storeyed building constructed by the said partnership in Motipara Ward, Station Road, Durg. It was further averred that the complainant paid Rs. 4,45,500 on 18.1.1997 to one of the partners Mehdi Mohd. Farishta (since deceased) who executed the deed of agreement in regard to the sale of the said flat. It was further averred that the sale consideration for the said agreement was, however, shown as Rs. 2, 25,000, as was the practice of the opposite parties/partnership.
(3.) THE complainant s grievance was that as per the agreement, the flat was to be constructed and its possession was to be delivered to him, within 3 months of the date of agreement. However, the possession of the flat was not delivered to him, despite repeated requests by the complainant/respondent No. 1. Ultimately, the complainant served legal notice dated 7.8.1998 to the said partnership and its partners. However, since his request for delivery of flat was not acceded to by the opposite parties, he filed the complaint in the District Forum. He prayed that flat may be directed to be delivered to him or the opposite parties may be directed to refund Rs. 4,45,500 paid by the complainant, as also compensation and cost be awarded. Out of the opposite parties only appellant No. 1 Narendra Khare one of the partners of the partnership M/s. Farishta Towers, filed his written version. It was averred by him that as per terms of partnership, the booking of the flats and sale thereof was to be jointly done by its partners Mehdi Mohd. Farishta, Narendra Khare and Mehmood Ali Hirani. It was averred that Mehdi Mohd. Farishta alone had no power to book a flat or to sell the same. It was averred that, if the complainant had entered into an agreement with Mehdi Mohd. Farishta it was not binding on them.;