IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT Thiru.R.VENKATESAPERUMAL … MEMBER C.C. No.147 of 2014 Orders pronounced on: 31.05.2022

1.Ramesh Ramanathan, S/o.Late Devarajan Ramanathan, 9C, 14^th Cross Street, Shasthri Nagar, Adyar, Chennai 600 020.

2.Ganga Ramanathan, W/o.Ramesh Ramanathan, 9C, 14th Cross Street, Shasthri Nagar, Adyar, Chennai 600 020. … Complainants vs.

Mahindra Residential Developers Ltd., Rep. by Authorized Signatory A.M.Nandagopal, The Canopy, Block ‘A’, 2^nd Floor, Unit II, 2^nd Avenue, Mahindra World City (P.O.) Chengalpet, Chennai 603 002. … Opposite Parties.

For Complainants : M/s.Shivakumar & Suresh For Opposite Parties : M/s.J.Dharmarajan --------

This Complaint came up for final hearing on 20.04.2022 and, after hearing the arguments of the counsel for the parties and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. President –

.

The complainants have filed the present case, seeking this Commission to direct the OP to pay them Rs.32,67,900/- with interest @ 18 p.a. from 06.01.2013 till the date of handing over possession towards the financial loss suffered by them due to the inordinate delay in handing over possession of the Residential Unit and Rs.1,00,000/- as compensation towards stress & mental agony underwent due to the deficiency in service on the part of the OP, besides costs of the litigation.

2. In brief, the case of the complainants, as projected in the Complaint, is as follows:-

On coming to know about a construction project called Aqualilly that was developed by the OP in the Special Economic Zone within the premises of Mahindra World City at Chengalpet/Chennai to construct Residential Units &

Villas meant to be given on a perpetual lease of 99 years to the purchasers along with ownership of the newly constructed units, the complainants had approached the OP and entered into a lease agreement with them for perpetual lease of Plot No.118 measuring about 1.65 grounds in Aqualilly for the construction of Villa Twin Home No.35, Unit Type Premier Villa PV-R-03, measuring about 2412 sq. ft. of carpet area equivalent to 3258 sq. ft. of saleable area along with car parking space, to be constructed for a total consideration of R.1,41,28,345/-. The complainants also placed further orders worth Rs.4,13,879/- for providing certain customized amenities. Till date, the complainants had paid a sum of Rs.1,47,68,510/- to the OP in respect of the above transaction. As per the Agreement to Lease, dated 05.01.2011, entered into by them with the OP, the latter had promised to deliver possession of the residential unit within 24 months from the date of commencement of construction that was on 06.01.2013. While so, since there was delay in commencement of the construction, the complainants raised the said issue with the OP, who stated that it was due to the construction contract changing hands. Despite repeated reminders by the complainants, there was no inclination on the part of the OP to speed up the progress in construction, as a result of which, the Project could not get completed as per the agreement and, by an email, dated 04.06.2013, it was conveyed by the OP that the construction had commenced in full swing and that the Unit would be handed over in August, 2013. Thereafter, only in November, 2013, through an email, the OP had informed the complainants that the construction had been completed and requested them to give a prior notice of 3 days before visiting the newly constructed unit. On 14.11.2013, during inspection, the complainants found 15 No. of works/amenities as promised to be completed/provided under the terms of the agreement to be incomplete and further, the customized amenities, for which separate payment was made, also remained incomplete. Even after a delay of 5 months, the Villa was nowhere close to completion. In Janu