The main legal point established is that the complainant, as a consumer, was entitled to possession of the house, interest on the deposited amount, and compensation for physical and mental harassment, despite the OP's objections and the impact of a Supreme Court order.

ORDER :

1. This complaint has been filed by the complainant against the OP for directing the OP for giving possession of house, interest @ 18% on the entire amount deposited by him. Also the rent paid by the complainant i.e. Rs. 10,08,000.00 from 14.11.2010 to July, 2015, a sum of Rs. 1,67,875.00 paid as interest by the complainant be refunded as interest and an award of a sum of Rs. 10 lacs for physical and mental harassment to the complainant and Rs. 1 lac as cost of the case.

2. The case of the complainant, in brief, is that he is a retired officer of the India Army. He agreed to purchase an Independent Row House (named as Exotic) measuring 169.51 sq. metres and terrace area of 52.71 sq. metres at Sahara City Homes, Lucknow for a sum of Rs. 51,74,400.00. An additional discount of 30% in price of the unit was granted to the complainant on account of being physically handicapped and hence, the net payable amount was Rs. 36,21,800.00. The complainant had made payment of Rs. 5,17,400.00 to the OP for allotment of the house, the possession of which was to be handed over as per the allotment letter within a period of 38 months from the date of allotment. The complainant’s booking was confirmed and he was allotted unit No. R 4/53 Type, Independent Row House. The complainant further paid Rs. 2,58,700.00 on 1.7.2007. Vide letter dated 18.1.2008, the OP raised a demand of Rs. 7,32,984.00 and on 30.1.2008, the OP granted permission to mortgage the house to M/s BHW Home Finance Ltd. which was in pursuance of an application for sanctioning of loan moved by the complainant for purchasing the house. The Financier of the complainant refused the payment of the instalment of Rs. 8,91,076.00 to the OP on account of unsatisfactory work progress and therefore, the complainant had to make payment of Rs. 8,91,076.00 from his own resources. The complainant deposited the requisite instalments though some time with some delay for which the delayed interest of Rs. 2,13,780.00 was adjusted by the OP. The complainant in all has paid Rs. 42,31,880.00 to the OP. Vide letter dated 21.2.2003 the OP apprised that there was no balance due against the complainant towards the cost of the house. The house was to be delivered within 38 months from the date of allotment i.e. by 14.11.2010 but the OP could not complete the construction of the unit within the time limit. On 6.7.2013, the complainant was apprised that his unit was ready and that he was required to make payment of amount of Rs. 6,25,057.00 which was inclusive of one time maintenance, service tax and electricity charges etc. The complainant requested the OP vide E Mail dated 15.7.2013 to waive off one time maintenance amount of Rs. 5,38,056.00 on account of delay in delivery of the possession of the unit. Due to delay in delivery of the possession, the complainant had to live in a rented accommodation after retirement and had to pay Rs. 18,000.00 per month in non-availability of the unit. On 25.11.2013, the complainant made payment of Rs. 5,297.00 as service tax and on 18.12.2013 he further made payment of Rs. 6,04,783.00 towards sinking fund and service tax to the OP. On 16.4.2014, the OP further raised demand of Rs. 46,388.00 towards payment of sales tax and electricity charges. On 21.5.2014, the OP apprised the complainant that the possession of the property cannot be delivered without any reason. The complainant, thereafter, contacted the OP but no satisfactory answer was given by the OP. The complainant requested the OP to handover the possession of the house and to pay interest on the deposited amount as 50 months have already elapsed. Despite the complainant paying the entire cost of the house, the OP has not delivered the possession of the house and as a physically disabled Army Officer the complainant had to suffer a lot due to the negligence of the OP. Therefore, the complainant is entitled to get the possession of the unit in question and also entitled interest @ 18% on the entire amount depo