BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL cOMMISSION:HYDERABAD C.C.54/2016 Between

1.Mr.1.Mallikarjuna Rao, S/o.Mr.Venkatappaiaha, Aged about 48 years, Occ: Business, R/o.H.No.G-47, Ground Floor, Madhura Nagar, Hyderabad, Telangana.

2. Mrs.I.Sree Latha, W/o.Mr.l.Mallikarjuna Rao, Aged about 40 years, Occ: Private Service, R/o.H.No.G-47. Ground Floor, Madhura Nagar, Hyderabad, Telangana. ..Complainants And

1. Sri Mangal Sen Chopra, (died)

S/o.Late Sohanlal Chopra, Aged 85 years, Occ: Business, R/o.H.No.8-2-601/1, Road No.10, Banjara Hills, Hyderabad, Telangana.

(Died per sole Legal heir Smt. Sukriti Chopra,0.P.4) 2. Smt.Kamla Chopra, (died)

W/o. Late M.S.Chopra, Aged 77 years, Oc: Housewife R/o.H.No.8-2-601/1, Road No.1 0, Banjara Hills, Hyderabad, Telangana.

(Died per sole Legal heir Smt. Sukriti Chopra, 0.P.4)

3. Sri D.V.Sekhar, Rep. by OP 1 8 2 GPA Holder, S/o.Sri D.NarayanaRao, Aged 50 years, Occ: Business, R/o.E-218/BM, GM Palya, Garakamanthanapalya, Bangalore.

4. Ms.Sukruti Chopra, D/o.Late Sri M.S.Chopra, Aged 35 years, Occ: Household, R/o.Sohal Villa, H.No.8-2-601/1, Road No. 10, Banjara Hills, Hyderabad, Telangana. ..Opposite Parties (Impleaded substituting to O.P. Nos.1 & 2 vide order dt.9.7.2018 in CCIA.1 139/2017)

Counsel for the Complainant M/s. K.VishweshwarReddy Counsel for the opposite parties M/s.D.V idya Sagar-O.P.^no.4 President.

coRAM: Hon'ble Sri Justice M.S.K. ^Jaiswal, And Hon'ble Smt. Meena Ramanathan, ^Lady Member FRIDAY, THE TWENTY FIFTH DAY OF MARCH, TWO THoUSAND TWENTY TWo.

Order:

1. This is a complaint ^filed by ^{the complainants u/s.17(1)fa)i)} of C.P. Act alleging deficiencyi n service against ^the opposite parties ^{and praying to} grant the ^reliefs as ^follows:

i. to direct ^the opposite parties ^{to complete all} the ^{pending workS} as in the Memorandum of Understanding and Supplementary agreed Agreement ^dated 20.1.2014 OR in the alternative, to direct ^the opposite parties to pay ^{Rs.22,00,000/- to} the complainants towards the value of ^the pending works to ^{be completed} by ^{the opposite parties} as ^agrecd in the Memorandum of Understanding and Supplementary Agreement dated

20.01.2014.

ii). ^{to direct} the ^{opposite parties} to pay ^{Rs.5,00,000/-} to the complainants towards the compensation for mental agony suffered along ^{with punitive} damages u/s. 14(1)(d) of the Consumer Protection ^Act.

ii).to direct the ^opp.parties to pay interest 18% p.a. on the amounts claimed from the date ^of filing ^of the ^complaint till date of realization; and iv).to pay an amount of Rs.50,000/- towards costs of the litigation

2. Case of the complainants in brief is as ^follows:

Opposite parties ^{1 and 2} are the owners ^of the land admeasuring 650 ^sq.yards in Survey No.129/84 of Road ^{No.10, Banjara Hills, Hyderabad and opposite} party ^no.1 has taken up ^a project ^to construct residential ^apartment known 'Sekhar Mansion' in the said area. Opposite party no.3 who is the Builder as entered ^into a Development Agreement dated 30.4.2009 ^with the ^opposite parties 1 and 2. ^{Opposite party} no.3 ^{representing opposite parties} 1 and 2 as GPA has obtained construction permission from GHMC for ^constructing the apartment in the ^said land.

Being lured by the wide publicity ^of the opposite ^party no.3, the complainants decided to purchase a 3 bed room high end residential apartment in the said building for a sum of Rs.72 lakhs and the opposite floor of the residential apartment parties have allotted Flat no. ³⁰¹ in ^3rd having super built up area ^of 1500 square ^feet together with one car ^and scooter parking ^{unit and} undivided share ^of land ^admeasuring 80 sq.yards facilities in the project.

including common rights and ^{privileges to} use common The complainants entered into Memorandum of Understanding dt.3.12.2011 with the opposite party no.3 and paid Rs.21 lakhs to him at the time ^{of execution of} the said AOU. As per the MOU, the opposite party no.3 shall complete the construction of the residential complex in all aspects and deliver the physical possession within three months. Bu