Developers are accountable for possession delays and quality issues under housing agreements, invoking the Maharashtra Ownership of Flats Act and Consumer Protection Act.

1. Consumer Complaint Nos. 2597 of 2018 (CC) has been filed by the Complainant against the opposite parties (OPs) as detailed above, inter aila praying for directing the OPs to:
(i) hand over peaceful possession of Flat No. 902 with occupation certificate along with car parking and other amenities as per the Development Agreement and the Maharashtra Ownership of Flats Act (MOFA) Agreement.
(ii) pay Rs.23,37,800 towards compensation and damages to the complainant for delay in handing over the flat.
(iii) pay Rs.7,00,000 to the complainant towards rent from February 2018 till date of handing over the possession of the flat.
(iv) pay Rs.8,75,100 towards shortfall of 29.17 sq. ft. in the flat.
(v) pay Rs.20,00,000 towards mental harassment and agony due to the delay in completion of the work.
(vi) Rs.24,00,000 being damages towards inferior quality of internal work and non - provision of promised amenities in Flat No. 902 as per the Development Agreement and MOFA Agreement.
(vii) Rs.21,43,500 calculated at Rs.1,500 per day for 1,429 days, i.e. from 31/12/2014 till date towards each day delay in handing over possession of the said flat.
(viii) To discharge all remaining obligations on the part of the OP - 2 under the Development Agreement dated 11/11/2012 and MOFA Agreement dated 31/12/2014.
(ix) Rs.20,00,000 towards costs of litigation towards legal action against the OPs.

2. Consumer Complaint No. 2598 of 2018 has been filed by the same complainant against same OPs, seeking similar reliefs in respect of Flat No. 903, with some differences in the amount claimed under various heads and an additional prayer to pay Rs.1,05,71,250 as compensation of costs incurred by Complainant on account of OP - 2 not providing any amenities as per Development Agreement and MOFA Agreement and handing over the said flat to the Complainant in bare shell condition.

3. Since the facts and question of law involved and the reliefs prayed for in these complaints are similar / identical and both the consumer complaints have been filed by the same complainant against the same Opposite Parties except for minor variations in the dates, events, quantum of compensation / relief sought and flat numbers etc., which are stated in para 2 above and summarized in the Table in para 9 below, these complaints are being disposed off by this common order. However, for the sake of convenience, Consumer Complaint (CC) No 2597 of 2018 is treated as the lead case and facts enumerated herein under are taken from CC 2597/2018.

4. It is averred / stated in the complaint that:
(i) OP - 1 is the owner of all that piece and parcel of land at 353/4A, R.B. Mehta Marg, Ghatkpoar (East), Mumbai, admeasuring 1,703.60 sq.mtrs. and the Ground plus two Upper Storey building known as Nutan Kailas Niwas consisting of 2 wings and having 30 flats plus 1 Garage and 22 members. The complainant owned two flats in the said building flat Nos. 2 and 17. The building of the members of OP - 1 was constructed in the year 1965 and as such was old and needed repairs. The members of OP - 1 decided for redevelopment of the said building by appointing OP - 2 as developer for redevelopment of the said building. Development Agreement was executed between the OP - 1 and OP - 2 on 11/11/2012. OP - 1 granted development rights to OP - 2 for redevelopment of the said building. Under the Agreement, the OP - 2 was to construct a duplex flat for its senior directors or third party purchasers on the 12th and 13th floors in the said building as consideration from OP - 1 for redevelopment of the said building.
(ii) As per the Development Agreement and clauses, the OP - 2 was supposed to