IMPORTANT POINT
Failure to deliver possession – The Commission observed that the Developer’s failure to complete construction and obtain the Occupation Certificate (OC) and Building Completion Certificate (BCC), while retaining the Complainant’s money, constituted a clear deficiency in service and unfair trade practice under the Consumer Protection Act, 1986.

JUDGMENT

Dr. Nisha Amol Chavhan, Member.—The present Consumer Complaint No.CC/62/2016 is filed under S. 17(1)(a)(i) of the Consumer Protection Act, 1986. (The ‘C.P. Act’ for short) by the complainant against opposite parties.

2. The complainant alleged deficiency in service and unfair trade practice in relation to non-completion of construction, non- obtaining the occupation certificate and failure to deliver possession of Flat. The reliefs sought include possession with occupancy certificate of Flat No.1103 on the 11th floor, in A-Wing in the Building known as “Gaurav Saffron”, located at Ghodbunder, Mira Road (East), Thane after receiving the balance consideration of the Flat as per the terms of Agreement for Sale dated 31/05/2011 or in the alternative an equivalent flat in the same vicinity, together with compensation for delay, rent reimbursement, and litigation costs or in alternate Opposite Party No.1 to pay to the Complainants the proportionate Current Market Value as on the date of passing of the final Order/disposal of the above numbered Complaint as per the Stamp Duty Ready Reckoner’s Rate. (As per Stamp Dirty Ready Reckoner, 2015 the value of the flat is Rs.28,00,022/- or to direct the Opposite Party No.1 to refund to the Complainant the interest @ 24% p.a. on the sum of Rs.20,31,704/- from the date of payment of the amount till the date of realization of the said amount by the Complainant;

Case of the complaint

3. It is the case of the complainant that, the present Complaint is filed by the Power of Attorney Holder of the Complainant-MR. Staney Alva who is the father of the Complainant-Mr. Savio Alvaand. He submitted that the Opposite Party No.1 is a Partnership Firm formed and registered under the Indian Partnership Act, 1932, and the Opposite Party No.2 is a Bank from which the Complainant has availed housing loan.

4. The Complainant submitted that the Opposite Party No.1 was constructing a Building named as “Gaurav Saffron”, Wings A & B, having stilt + 16 Upper Floors located at Ghodbunder, Mira Road (East), Thane. After getting the knowledge about the said Project, on 27/04/2011, the Complainant booked a Flat with the Opposite Party No.1 bearing No.1103 on the 11th Floor in Wing “A” admeasuring 468 sq. ft. carpet area in the building known as Gaurav Saffron, located at Ghodbunder, Mira Road (East), Thane for total consideration of Rs.28,56,000/- with the Opposite parties and accordingly the Opposite parties have issued Allotment Letter dated 27/04/2011 to the Complainant.

5. The Complainant further submitted that the Opposite Party No.1 executed Agreement for Sale on 31/05/2011 with the Complainant which is duly stamped and registered. The Complainant stated that he has paid the sum of Rs.1,53,960/- & Rs.28,560/- towards Stamp Duty and Registration Charges respectively.

6. The Complainant submitted that below mentioned are the particulars of the Payment made to the Opposite Party No.1:—

7. It is submitted that, 71% of the total consideration is paid to the Opposite Parties. The Complainant further submitted that he has also taken Home Loan amounting to sum of Rs.25,01,320/- from Opposite Party No.2 and the said loan was sanctioned on 30/05/2011. The Complainant submitted that he has borrowed home loan from the Bank so that the Complainant can make payment of instalments on time and will also be able get possession of the Flat as per the agreed terms between both the parties. The Complainant submitted that he is paying EMI till date. On 04/07/2