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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member
Arun Kedia (HUF) and Ors. – Complainants
versus
Runwal Homes Private Limited – Opp. Party
Consumer Case No.1115 of 2017
Decided on 24.6.2021
Counsel for the Parties:
For the Complainants:Mr. R.M. Kedia, Advocate and Ms. Sabita Kedia, Complainant in person
For the Opp. Party:Ms. Anita Marathe, Advocate
IMPORTANT POINTS
(1) Disputed accommodation was booked by Complainants for their own residential use and not for commercial purpose.
(2) Agreement for sale has been cancelled illegally and malafidely by Opp. Parties, in high handed manner.
Headnote:
Consumer Protection Act, 1986 – Section 17 (Consumer Protection Act, 2019 – Section 47) – Complaint - Complainants booked residential flat for purchase, deposited booking charges – Regd. agreement for sale executed between parties on 05.06.2013 - Complainants made liable to pay instalments according to schedule within 7 days of demand – Opp. party liable to handover possession of the flat till March, 2016 – Complainants rcvd. demand letter on 13.09.2016 – Opp. Party unilaterally cancelled agreement dt. 05.06.2013 through a letter dt. 15.03.2017 citing non-deposition of installments – Complainants served regd. notices to Opp. Parties to withdraw letter dt. 15.03.2017 – Dispute arose due to alleged cancellation of the flat – Hence, the Complaint with complainants seeking direction to have Opp. Parties pay entire amount of Rs. 2,43,96,203/- paid by the complainant to Opp. Party from the date of purchase till date of payment with interest thereon @21% p.a. as agreed - Proved that complainants were in need of residential accommodation - Disputed accommodation was booked by them for their own residential use and not for commercial purpose- Complainants are suffering loss due to Opp. Party’s latches - Agreement for sale has been cancelled illegally and malafidely, in high handed manner. (Paras 2, 3, 9, 13 & 15)
ORDER
Heard Mr. R.M.Kedia, Advocate, assisted by Mrs. Sabita Kedia, for the complainants and Ms. Anita Marathe, for the opposite party.
2. Arun Kedia (HUF), Mr. Arun Kedia and Mrs. Sabita Kedia (husband and wife), members of HUF has filed this complaint for following reliefs:-
(a) “that the opposite party be directed by an Order to handover the possession of the said Unit bearing No.402 on 4th Floor admeasuring approximately about-1215 Sq. ft. carpet area (i.e. 112.87 Sq mtrs) in the Tower No.7, Wing G of the building know as “REDWOOD” in the Project know as “RUNWAL GREENS” (old CTS Nos. 681/A (part) 681/A-3-A8, 681 (B) and new CTS Nos.681A/7, 681A/8 and 681A/9 situated at village Nahur, Taluka Kurla, within the Registration Dist. and Sub-District of Mumbai City and Mumbai Suburban,
(b) that the Opponent Party be directed by an Order and direction to pay entire amount that is Rs.2,43,96,203/- paid by the complainant to the opposite party from the date of purchase till date of payment with interest thereon @21% p.a. as agreed and or reasonable rate of interest claimed and or chargeable by the opposite party to the complainants in case of delay payment on the principle of equity, reason ability fairplay.
(bb) It is declared that the alleged cancellation of the flat is illegal, premature, contrary to the terms and conditions of the agreement of sale, untenable and/or unmaintainable in law, unilateral, arbitrary, violation of principle of natural justice, equity and fair play, unwarranted and uncalled for, harsh, without giving an opportunity of being heard our clients and adopting mandate due process of law and is liable to be quashed, set aside being null and void.
(c) The complainant may be compensated in terms of money for mental torture/agony, injustice, harassment, wrongful monetary loss, damages, torture, deliberate or injurious wrong, exemplary damages, deficiency in service/malpractice in business/unfair trade practice as defined in Act, difference of interest amount charged by the concerned Bank, compensation for breach of Contract adopting unfair trade practice, wilful default on the part of opponent party for not handing over the possession in time or even thereafter, discomfort, loss, irreparable injury and loss, legal expenses, compensation and damages on account of financial loss and injury detrimental to the interest of the complainant occasioned by negligence and other reliefs to compensate the grievances of the complainant as the complainant assured that his grievances will be read/heard by compassionate and pragmatic judges. Particulars of the legal and bonafide claims, a list is annexed and marked Annexures, particulars of the Claim of the complainant.
(d) Pending the hearing and final disposal of complaint, this Hon’ble Commission be pleased to restrain the opposite party from demanding, creating any third party interest and/or act contrary to the interest, right, in the said flat i.e. Unit No.-bearing No.402 on 4th Floor admeasuring approximately about – 1215 sq.ft. carpet area (i.e. 112.87 sq metrs) in the Tower No.7 Wing G of the building know “Redwood” in the project know as “Runwal Greens” (old CTS Nos.681/A (part), 681/A-3-A8, 681 (B) and new CTS Nos. 681A/7, 681A/8 and 681A/9 situated at village Nahur, Taluka Kurla, within the Registration Dist. and Sub-District of Mumbai city and Mumbai suburban,
(e) Pending the hearing and final disposal of complaint, Ad- interim reliefs in the terms of prayer clause (d) above be granted in interest of justice and to protect complainant’s right in the said flat.
(f) Other expenses as this Hon’ble Commission may deem fit and proper as the complainant deserves sympathy and has been made suffer on account of willful and dishonest act of the opposite party.
(g) such other and further reliefs as this Hon’ble Commission may deem fit and proper in the nature and circumstances of the case.
(h) That the cost of the complaint and other legal expenses pertainin
