IMPORTANT POINTS
(1) Liabilities - As the opposite party has not handed over possession to the complainant in terms of the agreement as such the opposite party is liable to bear these liabilities.
(2) Permanent Alternate Accommodation Agreement - the complainant has not produced valid document of title to the opposite party as such the complainant is liable to pay stamp duty and registration charges on Permanent Alternate Accommodation Agreement.

ORDER

Heard Mr. Parmanand Yadav, Advocate, for the complainant and Mr. Amol V. Deshmukh, Advocate, for the opposite party.

2. Edward Fernandes has filed above complaint, for directing the opposite party to (i) handover possession of Apartment No.103, in the project “Arkade Adornia”; (ii) pay Rs.568000/- with interest @18% per annum, from the date of agreement till the date of payment; (iii) pay rent @Rs.35500/- per month from April, 2016 till the delivery of possession, with interest @18% per annum; (iv) pay penalty @Rs.10/- per sq.ft. per month of the area from April, 2016 till the date of possession with interest @18% per month; (v) rectify the defects of counter top wash basin, kitchen door, intercom point & instrument and provide intercom connection; (vi) to provide deficit one toilet in the flat as per the FDA and approved plan provided to the condominium dated September, 2013 as provided to other flat owners above his flat; (vii) pay the outgoings such as maintenance, electricity, water charges, property tax etc. up to the date of possession; (viii) pay stamp duty and registration charges and get the agreement dated 12.03.2015 registered; (ix) pay Rs.20/- lacs, as compensation for mental agony and harassment; (x) pay Rs.2/- lacs, as litigation costs; and (xi) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3. The complainant stated that the opposite party was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of commercial/residential buildings. There was an old building, named as “Bhagirath” at CTS-442 area 2525 sq.mtrs., Jaiprakash Nagar, Pahadi School, Road No.2, Goregaon (East), Mumbai-400063, consisting total 44 apartments and one garage, in 4 floors, i.e. 11 apartments and one garage on ground floor, 10 apartments at first floor, 10 apartments at second floor and 10 apartments at third floor and 3 apartments at fourth floor. The original owners had sold all the Apartments to the occupiers. The complainant and his wife Mrs. Priscilla J Fernandes were owners of Apartment No.A-8 area 710 sq.ft. Mrs. Priscilla J Fernandes died on 05.12.2015, leaving behind her, the complainant and two daughters, as her heirs. The daughters surrendered their rights in favour of the complainant. Association of Apartment Owners of Bhagirath Condominium, in its special body meeting dated 28.01.2007 decided for demolition and reconstruction of old building and invited quotations from qualified builders. General body of Association in its meeting dated 13.12.2008, resolved to give the work of demolition and reconstruction to the opposite party and terms and conditions were finalized. M/s. Arkade Developers Private Limited entered into Development Agreements dated 05.01.2010, 27.12.2010 and 05.03.2011 with different set of apartment owners. As the work of demolition & reconstruction was delayed, Association of Apartment Owners of Bhagirath Condominium revised the terms and conditions, which was accepted by the opposite party through its letter dated 25.10.2012. In pursuance thereof, new set of agreements were executed between the opposite party and flat owners. The opposite party entered into fresh agreement dated 19.12.2012 with the complainant and his wife. In pursuance of new agreements, all the flat owners of “Bhagirath” handed over vacant possession of their flats to the opposite party till April, 2014. Building plan was approved on 07.09.2013, then the opposite party allocated flats to different flat owners and notified a list in September, 2014, in which, the complainant was allotted Flat No.103 area 923 sq.ft. Thereafter, the opposite party issued allotment letter dated 26.11.2014 of the above flat to the complainant. Clause 8 of the agreement provides 24 months period from the date of receiving keys of all vacant flats with grace period of six months to complete construction of new building. The opposite party executed a new agree