The court affirmed that ongoing grievances regarding construction delays and unfulfilled promises constitute a continuous cause of action, allowing the complaint despite the elapsed time, and found the Opposite Parties liable for deficiency in service.

ORDER:(PERHON’BLE SMT. R.S. RAJESHREE, MEMBER, NON- JUDICIAL)

1. This is a complaint filed by the Complainants U/s. 17(1)(a)(i) of Consumer Protection Act,1986 on 28.04.2017 against the Opposite Parties to direct him as follows:-

(i) To complete the pending works.

(ii) To pay Rs.8,000/- being damages per the month of May, 2014 for delayed period in completion of the project.

(iii) To pay a sum of Rs.3,35,000/- collected by the Opposite Party towards car parking.

(iv) To pay a sum of Rs.5,00,000/- towards mental agony and harassment.

(v) To submit the Occupancy Certificate issued by the competent authority in terms and conditions of approved construction plan. 

(vi) Costs of the complaint.

(vii) And pass such other order or orders as this Hon’ble forum deems fit and proper in the circumstances of the case.

2. Brief facts of the case:- The case of the Complainants is that when they were intending to purchase a flat they came across a project being developed by the Opposite Party by name and style “Habitat Elite” at premises bearing No.6-6-221/1, 222/1, 224/33/A, 6-6-221/1, 222/1, 224/33/B and 6-6-221/1, 222/1, 224/33/C in Sy.No.221/1, 222/1 & 224/1 situated at Kavadiguda, Secunderabad. That they approached the Opposite Parties in the month of December, 2013 and being attracted by the advertisements, representations, and assurances & promises made by the Opposite Parties the Complainants agreed to purchase a flat in the said venture; that the Opposite Parties had promised to provide superior quality apartment complex, timely completion of the project with all amenities such as safety measures, EPABX, power backup etc. and handed over a brochure, being attracted by the promises and assurances made by the Opposite Party the Complainants agreed to purchase a flat bearing No.204 in 2^nd floor admeasuring 1166 sft. with an undivided share of land of 44 sq., yards for a valid consideration and entered into an Agreement Of Sale on 16.01.2014. That as per clause-13 of the agreement of sale the Opposite Parties promised to complete the project within three months that is the project should have been completed by April, 2014. But however the Opposite Parties failed to complete the construction and there were several pending works left. On 13.02.2014 the Opposite Parties have executed a registered agreement of Sale vide Document No.214/2014 in favour of the Complainants, but however failed to complete the pending works. On 20.05.2014 the residents of the apartment complex including the Complainant had attended the meeting called by the Opposite Parties, wherein all the issues and problems being faced by the residents of complex and pending works concerning the complex were discussed. In the said meeting the Opposite Parties agreed to address all the issues being faced by the apartment owners as well as the pending works in a time bound manner which was clearly documented in the minutes of meeting. Despite the same the Opposite Parties failed to complete the pending works within the time frame as promised. As such the flat owners have addressed a letter on 01.07.2014 to the Opposite Parties to complete the pending works, upon which the Opposite Party had completed the two pending works i.e. fixing apartment name in bold steel letters and installation of water softener, these two works were completed in the month of August, 2014 the other works were still pending. On 13.12.2014 another letter was addressed to the Opposite Parties to complete the pending works as promised in the agreement of sale; upon which the Opposit