ORDER

Dr. Sadhna Shanker, Member.—The present appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) in challenge to the order dated 31.07.2019 passed by the State Consumer Dispute Redressal Commission, Maharashtra (hereinafter referred to as the “State Commission”) in Complaint No. 557 of 2015 whereby the complaint was partly allowed.

2. We have heard the learned counsel for the appellants (hereinafter referred to as the ‘builder’) and the learned counsel for the respondent (hereinafter referred to as the ‘complainant’) and have perused the record including inter alia the impugned order dated 31.07.2019 and the memorandum of appeal.

3. The facts, in brief, are that the complainant purchased a flat bearing No. 304, admeasuring 870 sq.ft. carpet area, on the 3rd Floor of the building No.18 of Hill View in the Prestige Residency Complex for a total consideration of Rs.58,78,485/- from the builder and the builder had executed an agreement on 17.12.2012 in favour of complainant. It is alleged that as per agreement, possession of the flat was to be given on or before December, 2014. The builder, vide its letter dated 09.01.2013, demanded an amount of Rs.2,85,651/- towards amount of construction of seventh slab along with service tax and VAT. Accordingly, the complainant deposited that amount with the builder vide cheque on 25.01.2013 and obtained receipt thereof. It is alleged that the builder failed to handover possession of flat to the complainant within the stipulated period. The complainant further alleged that in January 2015 the builder demanded additional amount at the rate of Rs.1,500/- per sq.ft. for getting possession of flat and threatened the complainant to unilaterally terminate the agreement in case the said amount is not paid. As per letter dated 06.02.2015, the builder informed complainant that they are not in a position to complete the construction in time for want of sanctions and approvals from Corporation. It is also alleged that the builder informed the complainant that they are not in a position to handover possession of flat to complainant unless escalation price of flat is paid by her.

4. Being aggrieved, the complainant filed a complaint before the State Commission with the following prayer:

a. This Hon’ble Forum be pleased to direct the Complainant to complete the finishing work with all amenities as per the Agreement and handover to the Complainant flat No.304 on the 3rd Floor admeasuring 870 sq. ft. and 80.82 sq. mtrs. carpet area in building No.18, Hill View in Prestige Residency Complex, Kavesar situated at Waghbil Naka, Kavesar, Thane.

b. The Opposite Parties be directed pay Rs.9,12,000/- (towards mental harassment Rs.5,00,000/-, compensation @ 18% p.a on the amount paid as on December 2014 till today Rs.3,08,000/- and towards legal expenses Rs.1,04,000/- to the Complainant and further compensation @ 18% p.a on the amount paid to the complaint till handing over of possession of the said flat to the Complainant.

c. In the alternative the Opposite Parties be directed to give an ownership flat in the same project after giving options to the Complainant and as per final choice of the Complainant by necessary deed of corrections to the original agreement dated 17/12/2012.

d. Pending the hearing and final disposal of this complaint the Opposite Parties themselves, their employees, agents, representatives be restrained by the order of this Hon’ble Commission from creating third party interest in flat no.304 on 3rd floor, in building No.18, Hill View, Prestige Residency Complex, Kavesar situated at Waghbil Naka, Kavesar, Thane.

5. After appreciation of the facts of the case, the State Commission vide Order dated 31.07.2019, partly allowed the complaint with following directions:

(ii) Opponents are hereby directed to handover possession of Flat No. 304 on the 3rd Floor admeasuring 870sq.ft. situated in building no. 18, Hill View in Prestige Residency Complex,