M.S.RANE, V.K.DATE
URMILA UDAY KAMATH – Appellant
Versus
LODHA ESTATE PVT. LTD. – Respondent
Mr. Justice M.S. Rane, President—The dispute herein is between the flat purchaser (original complainant since deceased) and the builders, complainant being a flat purchaser and opposite party being a builder (hereinafter for brevity’s sake referred to as “Flat purchaser” and “Builder”).
2. The present complainants are the legal heirs and representatives of the original flat purchaser, who died during the pendency of the complaint.
3. The flat purchaser has filed the complaint herein, seeking refund of Rs. 10,75,377/- being the amount paid by him to the builder for the purchase of flat being No. 106 admeasuring about 730 fq. ft. (hereinafter for brevity’s sake referred to as “Flat”) in a project undertaken by the builders for construction. The said amount represents the principal amount paid by the flat purchaser of Rs. 3,49,000/- as also the interest @ 24% p.a., Rs. 50,000/- towards expenses, Rs. 2,50,000/- towards compensation, mental agonies and a sum of Rs. 1,32,000/- towards the rent paid by the flat purchaser for securing the accommodation for residence for himself and his family as a result of builder not handing over the possession of the flat, after construction as per a
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