GULAB H.BHAGCHANDANEY vs MAHAVIR BUILDERS

THE complainant has filed this complaint against the opponent-builder. THE main contention of the complainant is that the opponent-builder had collected lot of money from the prospective flat purchasers. THE complainant has also paid Rs. 3,55,000/- to the opponent-builder. THE opposite party has issued a letter to this effect on 1.4.1996. THE complainant has stated that he suspected that the opponent-builder wanted to leave the place and put all the flat purchasers to the loss of substantial amount. He, therefore, pursuaded the opponent-builder for recovery of his share of Rs. 3,55,000/-.

THE opponent-builder has submitted his reply to the allegations of the complainant and they have denied all the allegations about fraudulent behaviour. He has also stated that he has already paid Rs. 1,80,000/- to the complainant and was ready to pay the remaining amount within a period of one or two years. He stated that due to financial difficulty, he was not in a position to pay the balance amount. The opponent-builder was present for hearing only once and subsequently, he made it a practice to remain absent. In view of this it was thought proper to finalise the complaint on the basis of the arguments and submissions of the complainant and the written statement furnished by the opposite party.

In the complaint, initially the opponent has claimed compensation to the extent of Rs. 7,06,000/-. In his rejoinder he has raised the amount of compensation to the tune of Rs. 17,74,524/-. He has further given second rejoinder, where he has claimed total amount of Rs. 18,93,024/-. The break-up of compensation claimed by the complainant is as follows : Rs. 2,68,524/- Compounding interest pending with the principal with the process of recovery of principal amount. Rs. 26, 000/- Air ticket from Egypt Airlines-Refund-curtailing programme in London. Rs. 1,50,000/- Compensation of Medical treatment - Money spent in India. Rs. 8,40,000/ Loss of income in London - spent valuable time in recovery at Mumbai/Vashi. Rs. 4,00,000/- Mental suffering and agony under death threats of opponents. Rs. 15,000/- Filing cases at Thane Court and Process of Bailiff. Rs. 25,000/- Getting legal opinion from various Advocates in the process of recovery. Rs. 50,000/- Taxi and other expenses for the withdrawal of case from Court, filing cases before Thane Court. Coming from Nallasopara all the very to Vashi - Various taxi expenses. Seeing Vashi Inspector, ACP, CBD Police Commissioner. Meeting various political leaders in the process of release of cheques from police custody. Rs. 17,74,524/- Plus interest on the figure of compound interest @ 18% till the verdict pronounced and executed. Plus the interest on all the clauses of losses @ 18% at Bank leading rate.

THE complainant has filed a case in the Thane Civil Court, in this Commission and also approached the police officer from Navi Mumbai and with the help of police officers, he was success in recovering the principal amount of Rs. 3,55,000/-. THE complainant claims that he withdrew his case from the Civil Court of Thane as indicated by the police in New Bombay. THE complainant has calculated the interest @ 18%. THE interest calculated is compound interest. The contentions of the complainant that had he stayed at London, he would have got free medical treatment, but he had to pay the same in Bombay and he has requested for medical expenses. The request is not tenable. He has also contended that he would have got a job in England whereby he would have earned Rs. 80,000/- per month and as he was engaged in recovery process, he could not take up the job. This plea is also not tenable. His claim for air-ticket also cannot be considered.

THE other claims are for mental suffering, filing cases, etc. and obtaining legal opinion and transport. THE cost of the proceedings filed elsewhere cannot be considered. We grant cost of Rs. 5,000/- for the present complaint and Rs. 10,000/- are granted for the mental harassment, etc. THE simple interest @ 15% p.a. is awarded from 1.4.1996 till the final payment of the amount. Order "1. THE complainant has made tall claims which are duly considered and the following amount is awarded. 2. THE opposite party will pay to the complainant- (a) Simple interest @ 15% p.a. on the amount of Rs. 3,55,000/- from 1.4.1996 till final payment of the amount within a period of six weeks from today, i.e. on or before 17th July, 2000. (b) Rs. 5,000/- towards cost of the complaint and Rs. 10,000/- towards mental harassment, etc. within a period of six weeks from today, i.e. on or before 17th July, 2000.

Complaint allowed with costs.