National Consumer Disputes Redressal
Sonal Thakrar & Anr. vs Madabhushi Krishna Prashanth & Ors. on 1 July, 2024
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 800 OF 2021 (Against the Order dated 27/01/2021 in Complaint No. 50/2015 of the State Commission Telangana) 1. ROOPAL SAGI ...........Appellant(s) Versus 1. D. SRINIVAS & 6 ORS. ...........Respondent(s) FIRST APPEAL NO. 803 OF 2021 (Against the Order dated 27/01/2021 in Complaint No. 56/2015 of the State Commission Telangana) 1. ROOPAL SAGI SMT. ROOPAL SAGI, W/O. SWARJEET SAGI, D/O. SRI SUNIL SACHDEVA, PRESENTLY RESIDING H NO. 6-3-1219/15, FLAT NO. 201, DAIRYASD ZION VILLA, HYDERABAD-500016 ...........Appellant(s) Versus 1. K. VENKATA RAMANA & 5 ORS. S/O. SAMBASHIVA RAO, R/O. 1-8-678/20, 21, FLAT NO. 536, SARASWATHI BLOCK, GHARONDA CHAMUNDESWARI APARTMENTS, OPPOSITE VST, ZAMABAD, HYDERABAD-500020 2. M/S. GHARONDA BUILDERS AND DEVELOPERS REP. BY ITS MANAGING DIRECTOR, REGD. OFFICE 4-4-932/1 TO 3 KANDASWAMY LANE, OPP: HANUMAN VYAYAMASHALA, SULTAN BAZAR, HYDRABAD-500095, 3. SRI SUNIL K. SACHDEV, S/O. JAYANTHILAL SACHEDEV, MANAGING PARTNER, GHARONDHA BUILDERS AND DEVELOPERS, PRESENTLY R/O. H NO. 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500048 4. SWARAAJ SAGI, SON IN LA OF SRI SUNIL J. SACHEDEV, MANAGING PARTNER OF GORANDHA BUILDERS AND DEVELOPERS, PRESENTLY RESIIDNG H NO. 6-3-1219/15, FLAT NO. 201, DAIRYAS ZION VILLA, UMANAGAR, BEGUMPET, HYDERABAD-500016 5. KASHYAP DRUV, SON IN LAW OF SHRI SUNIL J SACHEDEV, MANAGING PARTNER OF GORANDHA BUILDERS AND DEVELOPERS, PRESENTLY RESIIDNG SRI HARIKRUPA, 26TH SERPENTINE ROAD, KUMARA PARK WEST, VASANTHNAGAR, BENGALURU-5600020 6. SMT. MEENAL DRUV W/O. KASHYAP DRUV, D/O. SRI. SUNIL J. SACHDEV MANAGING PARTNER OF GORANDHA BUILDERS AND DEVELOPERS, PRESENTLY RESIIDNG SRI HARIKRUPA, 26TH SERPENTINE ROAD, KUMARA PARK WEST, VASANTHNAGAR, BENGALURU-5600020 ...........Respondent(s) FIRST APPEAL NO. 804 OF 2021 (Against the Order dated 07/12/2020 in Complaint No. 60/2015 of the State Commission Telangana) 1. SONAL THAKRAR & ANR. W/O PRAKASH THAKRAR, PRESENTLY RESIDING AT FLAT NO. 211, EMBASSY HERITAGE APARTAMENT, 8TH MAIN, MALLESHWARAM, BANGALORE-560055 2. SMT. ROOPAL SAGI, W/O. SWARJEET SAGI, D/O. SRI. SUNIL J. SACHEDEV, R/O 6-3-1219/15 FLAT NO. 201, DAIRYAS ZION VILLA, UMANAGAR, BEGUMPET, HYDERABAD-500016 ...........Appellant(s) Versus 1. SUNKESULASAMBASHIVA RAO (DIED) HER LEGAL HEIRS SMT. SUNKESULA RATNABALA, W/O LATE SUNKESULA SAMBASHIVA RAO, R/O SRI RATNAKAMALAMBIKA SEVA ASHRAM, NEAR RAMKOTI PARK, SHIVALAYAM, TEKU BANK STREET,AGRAHARAM, ELURU, WEST GODAVARI DISTR A.P. 2. SMT. SUNKESULA RATNABALA W/O LATE SUNKESULA SAMBASHIVA RAO, R/O SRI RATNAKAMALAMBIKA SEVA ASHRAM, NEAR RAMKOTI PARK, SHIVALAYAM, TEKU BANK STREET, AGRAHARAM, ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH 3. SMT. SUNKESULA PALLAVI REP. BY HER MOTHER AND S.P.A. HOLDER, SMT. SUNKESULA RATNABALA, R/O SRI RATNAKAMALAMBIKA SEVA ASHRAM, NEAR RAMKOTI PARK, SHIVALAYAM, TEKU BANK STREET, AGRAHARAM, ELURU WEST GODAVARI DISTT. ANDHRA PRADESH 4. MR. SUNKESULA PAVAN REP. BY HIS MOTHER AND S.P.A. HOLDER, SMT. SUNKESULA RATNABALA, R/O SRI RATNAKAMALAMBIKA SEVA ASHRAM, NEAR RAMKOTI PARK, SHIVALAYAM, TEKU BANK STREET, AGRAHARAM, ELURU WEST GODAVARI DISTT. ANDHRA PRADESH 5. M/S GHARONDA BUILDERS AND DEVELOPERS REP. BY ITS MANAGING PARTNER, SRI. SUNIL J. SACHDEV, REGD. OFFICE:- 4-4-932/1 TO 3, KANDASWAMY LANE, OPP: HANUMAN VYAYAMASHALA, SULTAN BAZAR, HYDERABAD-500095 6. SRI. SUNIL J. SACHDEV S/O JAYANTHILAL SACHEDEV, OCC.: MANAGING PARTNER OF GHARONDA BUILDERS AND DEVELOPERS, PRESENTLY R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500048 7. JAYANTILAL SACHDEV (DEMISED) . 8. SUSHEELA SACHDEV (DEMISED) . 9. SMT. REKHA SACHDEV W/O SRI. SUNIL J. SACHDEV, R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500029 ...........Respondent(s) FIRST APPEAL NO. 805 OF 2021 (Against the Order dated 07/12/2020 in Complaint No. 61/2015 of the State Commission Telangana) 1. SONAL THAKRAR & ANR. W/O PRAKASH THAKRAR, PRESENTLY RESIDING AT FLAT NO. 211, EMBASSY HERITAGE APARTAMENT, 8TH MAIN, MALLESHWARAM, BANGALORE-560055 2. SMT. ROOPAL SAGI, W/O. SWARJEET SAGI D/O. SRI. SUNIL J. SACHEDEV, R/O 6-3-1219/15 FLAT NO. 201, DAIRYAS ZION VILLA, UMANAGAR, BEGUMPET, HYDERABAD-500016 ...........Appellant(s) Versus 1. MADABHUSHI KRISHNA PRASHANTH & ORS. S/O MADABHUSHI RAMA MOHAN, THROUGH SPA HOLDER, MADABHUSHI RAMA MOHAN R/O BLOCK NO. 9, FLAT NO. 2, VIGYANPURI, VIDYANAGAR, HYDERABAD-500004 2. B. T. SOWJANYA W/O MADABHUSHI KRISHNA PRASHANTH, THROUGH SPA HOLDER, MADABHUSHI RAMA MOHAN R/O BLOCK NO. 9, FLAT NO. 2, VIGYANPURI, VIDYANAGAR, HYDERABAD-500004 3. M/S GHARONDA BUILDERS AND DEVELOPERS REP. BY ITS MANAGING PARTNER, SRI. SUNIL J. SACHDEV, REGD. OFFICE:- 4-4-932/1 TO 3, KANDASWAMY LANE, OPP: HANUMAN VYAYAMASHALA, SULTAN BAZAR, HYDERABAD-500095 4. SRI. SUNIL J. SACHDEV S/O JAYANTHILAL SACHEDEV, OCC.: MANAGING PARTNER OF GHARONDA BUILDERS AND DEVELOPERS, PRESENTLY R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500048 5. JAYANTILAL SACHDEV (DEMISED) . 6. SUSHEELA SACHDEV (DEMISED) . 7. SMT. REKHA SACHDEV W/O SRI. SUNIL J. SACHDEV, R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500029 ...........Respondent(s) FIRST APPEAL NO. 806 OF 2021 (Against the Order dated 07/12/2020 in Complaint No. 62/2015 of the State Commission Telangana) 1. SONAL THAKRAR & ANR. W/O PRAKASH THAKRAR, PRESENTLY RESIDING AT FLAT NO. 211, EMBASSY HERITAGE APARTAMENT, 8TH MAIN, MALLESHWARAM, BANGALORE-560055 2. SMT. ROOPAL SAGI, W/O. SWARJEET SAGI D/O. SRI. SUNIL J. SACHEDEV, R/O 6-3-1219/15 FLAT NO. 201, DAIRYAS ZION VILLA, UMANAGAR, BEGUMPET, HYDERABAD-500016 ...........Appellant(s) Versus 1. MADABHUSHI PRAMOD & ORS. S/O MADABHUSHI RAMA MOHAN, REP. BY SPA HOLDER MADABHUSHI RAMA MOHAN, R/O BLOCK NO. 9, FLAT NO. 2, VIGYANPURI, VIDYANAGAR, HYDERABAD-500004 2. MADABHUSHI MADHURI W/O MADABHUSHI PRAMOD, REP. BY SPA HOLDER MADABHUSHI RAMA MOHAN, R/O BLOCK NO. 9, FLAT NO. 2, VIGYANPURI, VIDYANAGAR, HYDERABAD-500004 3. M/S GHARONDA BUILDERS AND DEVELOPERS REP. BY ITS MANAGING PARTNER, SRI. SUNIL J. SACHDEV, REGD. OFFICE:- 4-4-932/1 TO 3, KANDASWAMY LANE, OPP: HANUMAN VYAYAMASHALA, SULTAN BAZAR, HYDERABAD-500095 4. SRI. SUNIL J. SACHDEV S/O JAYANTHILAL SACHEDEV, OCC.: MANAGING PARTNER OF GHARONDA BUILDERS AND DEVELOPERS, PRESENTLY R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500048 5. JAYANTILAL SACHDEV (DEMISED) . 6. SUSHEELA SACHDEV (DEMISED) . 7. SMT. REKHA SACHDEV W/O SRI. SUNIL J. SACHDEV, R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500029 ...........Respondent(s) FIRST APPEAL NO. 807 OF 2021 (Against the Order dated 07/12/2020 in Complaint No. 65/2015 of the State Commission Telangana) 1. SONAL THAKRAR & ANR. W/O PRAKASH THAKRAR, PRESENTLY RESIDING AT FLAT NO. 211, EMBASSY HERITAGE APARTAMENT, 8TH MAIN, MALLESHWARAM, BANGALORE-560055 2. SMT. ROOPAL SAGI, W/O. SWARJEET SAGI D/O. SRI. SUNIL J. SACHEDEV, R/O 6-3-1219/15 FLAT NO. 201, DAIRYAS ZION VILLA, UMANAGAR, BEGUMPET, HYDERABAD-500016 ...........Appellant(s) Versus 1. K. VAMSI CHANDRA & ORS. S/O K.V.R. SUBRAHMANYAM, REP. BY SPA HOLDER, K.V.R. SUBRAHMANYAM, R/O FLAT NO. 401, SAI RAM KRUPA APARTMENTS, CENTRAL EXCISE COLONY, HYDERABAD-500013 2. K. SURYA KUMARI W/O K.V.R. SUBRAHMANYAM, REP. BY SPA HOLDER, K.V.R. SUBRAHMANYAM, R/O FLAT NO. 401, SAI RAM KRUPA APARTMENTS, CENTRAL EXCISE COLONY, HYDERABAD-500013 3. M/S GHARONDA BUILDERS AND DEVELOPERS REP. BY ITS MANAGING PARTNER, SRI. SUNIL J. SACHDEV, REGD. OFFICE:- 4-4-932/1 TO 3, KANDASWAMY LANE, OPP: HANUMAN VYAYAMASHALA, SULTAN BAZAR, HYDERABAD-500095 4. SRI. SUNIL J. SACHDEV S/O JAYANTHILAL SACHEDEV, OCC.: MANAGING PARTNER OF GHARONDA BUILDERS AND DEVELOPERS, PRESENTLY R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500048 5. JAYANTILAL SACHDEV (DEMISED) . 6. SUSHEELA SACHDEV (DEMISED) . 7. SMT. REKHA SACHDEV W/O SRI. SUNIL J. SACHDEV, R/O 3-6-175, ISH PRADHAN, HYDERGUDA, HYDERABAD-500029 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT
FOR THE APPELLANT : MR. S. KESHAVA RAO, ADVOCATE FOR THE RESPONDENT : FOR THE RESPONDENTS IN FA/800 & 803/2021: MR. J. PRABHAKAR, SR. ADVOCATE
MR. ABHIJEET SINHA, ADVOCATE
MR. SARTHAK GAURAV, ADVOCATE
MR. RIMMI BHARDWAJ, ADVOCATE
FOR THE RESPONDENTS IN FA/804 TO 807/2021: MR. D. GOPALA KRISHNA, ADVOCATE
MR. D.V.S. RAMALAKSHMI, ADVOCATE
MR. H. ANAND, ADVOCATE
Dated : 01 July 2024 ORDER
1. All these appeals though arise out of a separate orders passed by the Telangana State Consumer Disputes Redressal Commission, Hyderabad dated 07.12.2020 and 27.01.2021, yet they raise common questions of fact and law and hence are being disposed of finally by this Common order.
2. There are certain facts which need to be catalogued for the purpose of consolidating information for a bird's eye view of the dispute. The chart below would indicate the flat number, the date of agreement and the payments made by the Complainant/ Respondents :-
Case No. Flat No. Date of Agreement Payment Made FA/800/2021 139 22.11.2005 Rs.17,73,785/-
FA/803/2021 540 19.06.2006 Rs.13,54,563/-
FA/804/2021 207 30.03.2013 Rs.55,65,205/-
FA/805/2021 405 30.03.2013 Rs.37,77,832/-
FA/806/2021 406 30.03.2013 Rs.41,30,245/-
FA/807/2021 403 30.03.2013 Rs.37,21,830/-
3. In all these appeals, the expected and promised date of handing over of possession was 20 months from the date of agreement. Neither the possession was handed over nor any progress was made and consequently all the complainants have filed their respective complaints seeking relief of completion and handing over of the flats or an order in the alternative directing the opposite parties to pay the value of the flat stated to be Rs.50,00,000/- together with monthly rentals and other ancillary reliefs.
4. Notices were issued to the opposite parties, who failed to file their written version before the State Commission within time. The right to file their written version was forfeited by the State Commission against which an application was filed for setting aside the orders to proceed ex parte. The said application was dismissed and aggrieved, the appellants preferred appeals before this Commission that were also dismissed. These facts are undisputed.
5. The complaint therefore proceeded and has been allowed by the order dated 27.01.2021 granting refund to all the complainants in respect of the deposits made by them together with interest @ 12% per annum from the date of receipt of deposits till realisation with cost of Rs.20,000/-.
6. The appeals have been filed with statutory deposit of Rs.35,000/- and upon notices being issued the complainants/ respondents have put in appearance through their respective counsel. Mr. S. Keshava Rao, learned counsel for the appellant has been heard for the appellants in all the appeals, Mr. J. Prabhakar, learned senior counsel for the respondent/ complainant in FA/800/2021 and FA/803/2021 and Mr. D. Gopala Krishna, learned counsel for the respondent/ complainant in other appeals.
7. The appeals were admitted after condoning the delay vide order dated 11.09.2023 and the matter has been posted for hearing today. Learned counsel for the appellants prayed that he may be granted an adjournment but in view of the pendency of these appeals and with there being hardly any disputed facts that require any further debate, the adjournment sought is not justified. The arguments accordingly concluded on 10.06.2024 and orders were reserved.
8. The contentions raised in the appeal are that the appellants were erroneously denied the right to file the written version and keeping in view the evidence on record, the liability could not be fastened on the appellants. No other ground has been taken nor any error could be pointed out in the conclusions drawn by the State Commission. Learned counsel for the appellant submitted that respondent no. 3, M/s. Gharonda Builders and Developers had undertaken the entire development work through Mr. Sunil J. Sachdev, who is the managing partner for the firm and hence all liabilities are of the firm and the managing partner. The appellant Rupal Sagi, is the daughter of Mr. Sunil J. Sachdev, managing partner and the appellant, Ms. Sonal Thakrar is the sister of Mr. Sunil J. Sachdev, managing partner and this is how they are related to each other.
9. The State Commission after having traversed the entire facts came to the conclusion that all the complainants have made their payments and the opposite parties were deficient in their services and were also guilty of unfair trade practice as they failed to handover possession of the flat and there was also no possibility in the near future of the same as all the funds seem to have been utililzed for some other purpose.
10. Accordingly the State Commission ordered refund to all the complainants together with interest @ 12% per annum and cost of Rs.20,000/-.
11. The appellant has been unable to offer any explanation assailing the impugned order of the State Commission on any ground whatsoever. In effect the appeals have absolutely no substance and there is no option except to confirm the order of the State Commission. Accordingly, all the orders of the State Commission in the appeals are confirmed and the appeals are accordingly dismissed as they do not raise any ground of error of fact or of law.
.........................J A. P. SAHI PRESIDENT