ORDER

Heard Mr. Bhushan M Oza, Advocate, for the complainant and Mr. Amit Kumar, Sr. Advocate assisted by Ms. Vandana Sehgal, Advocate, for the opposite party.

2. Maharaja Retreat Co-operative Housing Society Limited has filed above complaint, for directing the opposite party to (i) complete all incomplete work as per sanctioned layout plan, obtain ‘Occupation Certificate’ & ‘Building Completion Certificate’ in respect of the building constructed on Survey No.261, C.T.S. No.620 (Part) of village Malad, Taluka Borivali, Mumbai Suburban district; (ii) to OPs-2 and 3 to accord all necessary permission within one month from the date of submission of the requisite documents by OP-1; (iii) remove tin partition between sub-plots ‘A’ & ‘B’ and all encroachments, illegal constructions on sub-plots ‘B’ & ‘C’ in conformity with the approved layout plan and provide additional area to make good the shortfall before execution of Conveyance Deed in favour of the complainant; (iv) execute the Conveyance Deed in favour of the complainant of the land and building constructed on Survey No.261, C.T.S. No.620 (Part) admeasuring 5546.26 sq.mtrs. of village Malad, Taluka Borivali, Mumbai Suburban district and its appurtenant, after clearing partition and removing encroachments & illegal construction; (v) pay outstanding Property Tax of Rs.7798939/- with interest and penalty for the period up to 31.12.2007; (vi) obtain regular water supply connection from BMC and connect the sewerage line to the main drainage system of the BMC; (vii) reimburse Rs.2800000/- paid by the complainant to BMC and Rs.150000/- being Tax Consultant’s Fee with interest @21% per annum; (viii) reimburse Rs.3106197/- with interest @21% per annum, the amount of extra-sewerage charges levied by OP-3, for not obtaining ‘Occupation Certificate’ & ‘Building Completion Certificate’; (ix) pay Rs.160827/- on account of maintenance & property tax of Flat No.102; (x) refund Rs.1296750/- with interest @21% per annum from 21.06.2007 till the date of refund, the amount of the registration and legal charges of the complainant’s society; (xi) handover all original documents pertaining to the building and land viz. the updated property card with CTS plan, set of approved & completion plans, ‘Occupation Certificate’ & ‘Building Completion Certificate’ NA permission issued by the Collector, structural construction drawings, structural calculations, electrical layout & power distribution diagram, approved lift drawings along with lift licence for the third lift, approved drawings of fire fitting system, warranty/guarantee certificate and all other certificate in possession of OP-1; (x) handover duly audited Statement of Account in respect of all the charges, fee, society registration charges, share money, legal charges, parking charges, outstanding maintenance charges of the unsold flats and refund unspent surplus money lying with it; (xi) complete all incomplete work, more particularly mentioned under clause N of the complaint and replace the defective lifts etc. within time bound schedule of three months or such other time as may be specified or in alternative pay Rs.91332912/- for completing incomplete works; (xii) pay reasonable compensation for mental agony and harassment; (xiii) pay Rs.1000000/-, as litigation costs; and (xiv) any other relief which is deemed fit and proper in the facts of the case.

3. The complainant stated that M/s. Ashish Developers Limited (the OP) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects. The OP purchased Survey No.261, C.T.S. No.620 (Part) area 36255.5 sq. mtrs. of village Malad, Taluka Borivali, Mumbai Suburban district from its previous owners namely M/s. F.E. Dinshaw Trust and Shri Nusli Neville Wadia the Administrator of the estate of Late E.F. Dinshaw, after obtaining necessary permissions from Charity Commissioner, Appropriate Authority under Income Tax Act, 1961 a