BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

C.C.33/2018 Between :

1.Mr.Mohd Ghousuddin, S/o.Mr.Vali Mohd.

Aged about 51 years, 2. Mrs.Rahimunnisa Begum, W/o.Mr.Mohd. Ghousuddin , Aged about 45 years, Both are R/o.H.No.11-23-879, Lal Bhadhur Nagar, Warangal, State of Telangana. …. Complainants And M/s.Aliens Developers (P) Ltd., Rep. by its Managing Director &

Joint Managing Director Mr.Hari Challa &

Mr.C.Venkat Prasanna Challa O/s.Ms.Aliens Space Station, Tellapur Post, Ramachandrapuram Mandal, Medak Dist., Hyderabad – PIN -502032. … Opposite parties Counsel for the Complainants : M/s.V.Appa Rao Counsel for the Opposite Parties : M/s.Raja Sripathi Rao-

O.P.Nos.1 to 3.

CORAM : Hon’ble Hon’ble Sri K.Ranga Rao, Member-(J), And Hon’ble Smt.R.S.Rajeshree, Member (NJ).

THURSDAY, THE TWENTY SEVENTH DAY OF JUNE, TWO THOUSAND TWENTY FOUR .

Order : (Hon’ble Smt.R.S.Rajeshree, Member (NJ).

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01). This is a complaint filed by the Complainant u/s. 17(1)(a)(i) of Consumer Protection Act,1986 on 31.1.2018 against the opposite party to direct opposite party as follows:

a. To handover the schedule flat forthwith on completion in all aspects as per the specifications agreed under agreement of sale besides providing of Occupancy Certificate;

b. To pay fair rent of Rs.10/- per square feet of super built up area per month w.e.f. 1.9.2012 till handover of flat;

c. To pay Rs.5,00,000/- as compensation for causing mental agony, suffering & escalation of construction cost;

d. To pay Rs.50,000/- towards the legal charges of this complaint.

02). Briefly stated facts of the case are that the opposite party is into the business of real estate and is a registered company registered under Companies Act,1956 and is represented by its Managing Director and Joint Managing Director - Mr.Hari Challa and Mr.Venkat Prasanna Challa. The opposite parties made the complainant to believe that they have entered into Development Agreement cum GPA bearing no.23198/2006, 23230/2006 dt.7.10.2006 and 13321/2007 dt.23.6.2007 with the respective owners for the development of the land admeasuring Ac.19.26 guntas and had undertaken to construct multi storied apartment complex under the name and style of Aliens Space Station I situated at Thellapur Village, Ramachandrapuram mandal, vide Huda No.621/P4/Plg/HUDA/2008, dt.11.4.2008 and hence has absolute rights over the flat no.2080 and proposed to sell the said flat. Believing the words of the opposite party, the complainant entered into an Agreement of Sale with the opposite parties on 24.12.2010 for purchase of flat bearing no.2080 in Station-13, 20^th floor in the complex by name Space Station –I consisting of super built up area of 2150 sft. with one car parking cover besides an undivided share of land of 37 sq.yards out of the total land of 82976.89 sq.yards in Survey no.384, 385 and 426/A situated at Thellapur village, Medak Dist. for a total sale consideration of Rs.66,21,373/- and paid the entire sale consideration and further upon the demand by the opposite party, the complainant had paid an additional amount, thereby the total sale consideration paid by the complainant is Rs.76,32,725/-. After receiving the sum of Rs.76,32,725/-, the opposite party had executed the sale deed bearing document no.4806/2014 on 4.4.2014. But however, since there were some pending works, the possession was not handed over to the complainant. The opposite party failed to complete the pending works and upon several requests by the complainant, the opposite party had been giving all false promises but had never completed the pending works nor had handed over the flat; that as per the Agreement of Sale dt.24.12.2010, the opposite party had agreed to complete the construction by 31.8.2012 and in case of delay agreed to pay compensation of Rs.3/- per sft. of super built up area per month w.e.f. 1.9.2012 till handing over of possession. As the opposite party failed to complete the pending works and handover the