DAULAT ALWANI AND ORS. Vs. KAYJAY CONSTRUCTIONS CO. PVT. LTD.

JUDGEMENT

(1.) THESE consumer complaints can be conveniently disposed of by this common order, as the facts are almost common, and so also the law applicable thereto. The complainants are the residents of either Hongkong or Dubai, and complainant Ramesh Melwani appears to be a foreign national. The complainants have filed these complaints through their power of attorney Shri Nandu Asrani. The complaints are filed seeking an order directing the OP to handover possession of the apartments allotted to them, for execution of sale deeds and for compensation.

(2.) THE OP is a Company and Haresh D. Kotwani is its Managing Director. The OP has put up a project known as Joia do Mar consisting of four villas and three apartments blocks, namely A, B, and C and one studio apartment block D, each consisting of twelve units, and the OP has sold to the complainants the apartments or flats by allotment letters of different dates for different sums and the receipts for payments made, were issued on 19.3.2009. As per the OP, the said allotment letters is a contract entered into between the complainants and OP for the sale of flats. Block A was completed on or about 20.2.2008 and Block C was completed on or about 13.3.2008. The dates of allotment letters, the apartments booked, the payments made, are tabulated herein below for easy reference and are as follows:

(3.) BE that as it may, the OP contested the complaints stating that the complaints could not be filed through the attorney Shri Nandu Asrani as he does not have any personal knowledge of the transaction between the complainant and OP; that this State Commission lacked pecuniary jurisdiction; that the complaints are barred by limitation as the occupancy certificates were obtained by the OP in February/March 2008 and the attorney of the complainants was informed by letter dated 6.5.2008 that the apartments were completed and ready for possession and the attorney had communicated the same to the complainant Ramesh Moorjani by letter dated 7.7.2008 stating that the apartments were ready for possession; and that the complainants are not consumers as the complainants had booked the said apartments for resale to make profits.