ORDER :

U.V. Bakre, President

This Complaint is filed by the Complainant against the Opposite Party (OP, for short), a developer/builder who floated a building scheme to be known as “D’SA RESIDENCY” (said building), praying to direct the OP to pay to him by means of penal interest as provided under Clause No. 7 of the agreement for sale dated 26.6.2013 amounting to Rs. 22,68,000 and further sum of Rs. 1,08,000 per month until the date of delivery of the possession of the said premises into the hands of the Complainant with simultaneous execution of deed of conveyance in respect of the said premises together with proportionate undivided right and share in the said property corresponding to the built up area of the said premises, along with interest at the rate of 12% p.a. from the date of award till the date of actual realization. The complainant further prayed for additional compensation by way of damages on account of mental anxiety, torture and inconvenience suffered by the Complainant and to direct the OP to initiate formation of an entity for the regular maintenance of the said property and building and building scheme for which the Complainant is ready and willing to pay his proportionate contribution.

2. Case of the Complainant is as follows:

Vide agreement dated 26.6.2013, the Complainant agreed to purchase from the OP the residential flat identified as Flat No. T-1 admeasuring 116.88 square metres located on the third floor of the said building together with open terrace admeasuring 53.08 square metres (inclusive of balconies and proportionate share of the staircase/lift) and one reserved stilt parking slot bearing Slot No. P – 8 in the said scheme (hereinafter be referred to as the said premises). The total consideration for the said premises was Rs. 40,00,000 and the Complainant had paid a sum of Rs. 25,00,000 on the date of the execution of the agreement and further sum of Rs. 11,00,000 in instalments as per Schedule III to the said agreement. The balance amount of Rs. 4,00,000 was to be paid at the time of delivery of possession and execution of the deed of sale. Under Clause No. 25 of the said agreement, an entity such as a Co-operative Society, a Limited Company or an association of persons was to be formed for owning and/or maintaining the said property and/or the said building scheme. However, no such entity has been constituted as yet. Hence in terms of Clause No. 26 of the said agreement the OP is bound to execute the sale deed in favour of the Complainant through the intervention of the co-owners of the said property. The OP has committed a breach of the Clause Nos. 25 and 26 of the said agreement. As per Clause No. 6 of the said agreement the delivery of the said premises was to be given to the Complainant within a period of 6 months from the date of execution of the agreement with grace period of 3 months in special cases. The OP however, failed and neglected to deliver the possession within the prescribed period and even after the grace period of 3 months. As per Clause No. 7 of the agreement the OP has therefore to pay to the Complainant a penal interest at the rate of 3% p.a. on the said total sum of Rs. 36,00,000 that has been already paid by the Complainant. The said sum upon considering even the grace period of 3 months becomes Rs. 22,68,000 . All the attempts made by the Complainant and his wife for obtaining the possession of the said premises were in vain and the OP did not even reply to numerous e-mails sent to him on 14..2014, 4.7.2014 and 11.7.2014. This caused mental tension, agony and anxiety to the Complainant. Hence the Complainant caused a legal notice dated 29.12.2014 to be addressed to the OP through Advocate which notice was received by the OP on 30.12.2014. However, the OP did not comply with the requisitions made in the notice. The Complainant is ready and willing to comply with all his obligations under the agreement. Hence the Complainant has filed the present Complaint.

3. The Complaina