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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Firoza Pradeep Kumar Roy and Anr. —Complainants
Versus
Housing Developemnt and Infrastructure Ltd. —Opp. Party
Consumer Case No.1501 of 2017
Decided on 8.10.2018
For the Complainants: Complainants in person
For the Opp. Party:Mr. Anand Patwardhan and Mr. Ajay Pawar, Advocates
IMPORTANT POINT
When the terms of the contract are not adhered to by the builder, he is liable to pay the compensation with interest, costs etc.
Headnote:Consumer Protection Act, 1986—Section 21—Complaint—The complainants booked a residential flat with the OP in a building namely ‘Metropolis’ which the OP was to construct in C.T.S. No. 866/B, Village Ambivali, Andheri (West), Mumbai—Vide allotment letter dated 25.02.2010, Flat No. 205 on 2nd Floor in A Wing of the said building with saleable area of 1385 sq. ft. was allotted to them for a consideration of Rs.1,05,96,635/-—Inspite of payment of the entire sale consideration, either occupancy certificate nor possession was given to the complainants—Hence, complaint was filed—O.P resisted the complaint on various grounds—Upon hearing the counsels and perusing the documents, record etc, it is held that the OP shall obtain the requisite Occupancy Certificate/part Occupancy Certificate in respect of the flat allotted to the complainants at its own cost and responsibility and then deliver possession of the flat complete in all respects to them within six months from today, OP shall pay compensation in the form of simple interest @ 8% per annum on the principal amount of Rs.1,05,96,635/- with effect from 31.12.2013 till the possession is actually given, OP shall also pay an amount of Rs.50,203/- to the complainants along with interest @ 10% per annum on that amount, OP shall also pay a sum of Rs.25,000/- as costs, OP shall also allot an appropriate car parking space to the complainants.
Result: Complaint is allowed with interest and costs.
V.K. Jain, Presiding Member—The complainants booked a residential flat with the OP in a building namely ‘Metropolis’ which the OP was construct in C.T.S. No. 866/B, Village Ambivali, Andheri (West), Mumbai. Vide allotment letter dated 25.02.2010, Flat No. 205 on 2nd Floor in A Wing of the said building and having saleable area of 1385 sq. ft. was allotted to them for a consideration of Rs.1,05,96,635/- exclusive of maintenance deposits, parking charges etc. They were also to pay stamp duty and registration charges separately. The parties executed an agreement for sale dated 07.11.2013. Clause 6 of the agreement which referred to delivery of the possession of the premises, reads as under:
6. The possession of the said premises, subject however to the fact that the construction of the building is not delayed on account of non-availability of steel, cement and other building material, water or electricity supply or due to acts of God, Civil Commotion, Riot, War or any notice, order, rule, notification of the Government and/or any other Public Body and/or Building completion Certificate by M.C.G.M. and/or planning Authority and for other circumstances beyond the control of the Developer, is expected to be handed over by the Developer to the Purchaser/s by 30th Day of December 2013 provided the developer has received the full purchase price of the said premises and the other amounts payable by the Purchaser/s. The Developer agrees that if, for the reasons beyond their control, they are unable to give possession of the said premises by the date stipulated hereinabove, they shall be liable, on demand by the Purchaser/s, be liable to refund to the Purchaser/s the amounts already received by them in respect of the said premises without any interest. It is agreed that upon refund of the said amount, as stated hereinabove, the Purchaser’s shall have no right, title, interest, claim or demand of any nature whatsoever either against the Developer or against the said premises or against the said property in any manner whatsoever and the Developer shall be entitled to deal with and dispose off the said premises to any person or persons as the Developer, may at their absolute discretion desire.
2. The grievance of the complainants is that the possession has not been delivered to them and even the Occupancy Certificate has not been obtained by the OP despite they having paid more than the sale consideration to the OP. The complainants are therefore, before this Commission with the following prayers:
1. The Hon’ble Forum be pleased to direct the Opponents to pay the complainants the sum of Rs.72,08,834/- being the interest at 21% p.a. on all the installments paid by the complainant from the promised date of delivery of possession i.e. 31 Dec 2013, till the date delayed in handing over the flat up to 30/5/2017 as per the following interest:
2. 21% interest on Rs.63,04,998/-
From 1/1/2014 to 30/5/2017
(41 months * Rs.1,57,624/-
per month) = Rs.64,62,584/-
3. 21% interest on Rs.7,94,747/-
From 22/5/2014 to 30/4/2017
(35 months * Rs.13,908/-
per month) = Rs.5,00,688/-
4. 21% interest on Rs.7,44,748/-
From 2/9/2014 to 30/5/2017
(33 months * Rs.13,033/-
per month) = Rs.4,30,089/-
Total Interest = Rs.73,93,361/-
5. The Hon’ble Forum be pleased to direct the opponents to further pay the complainant, the amount being the interest at 21% per annum on all the installments paid by the complainant from 1st June 2017 up to the actual date of the delivery of the possession of the premises with Building Completion & Occupation Certificates.
6. The Hon’ble Forum be pleased to restrain the opponents from selling and/or allotting and/or in any manner dealing with any of the car parking space in or around the building “METROPOLIS” and allow the complainants to take over the possession of two parking slots, as entitled by them.
7. The Hon’ble Forum be pleased to res
