IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER C.C.No.33/2017 FRIDAY, THE 15^th DAY OF JULY 2022.

Date of complaint filed : 29.06.2017 Date of order pronounced :15.07.2022 Joseph Pandithurai, S/o Baulraj, III Floor II Flat (302), Janakiram Apartment, 41-42 Ansarinagar 1^st Street, Mahaboobpalayam, Madurai – 625 016. Complainant -Vs-

1. Srimathi A.Senthil Lakshmi, Managing Partner, M/s. Thirumala Apartment, Lakshmi Towers, No.81, P.T.Rajan Road, Bibikulam, Madurai – 625 002. 1st Opposite Party

2. Sri.T.Pandiarajan, Partner, M/s.Thirumala Apartment, Lakshmi Towers, No.81, P.T.Rajan Road, Bibikulam, Madurai – 625 002. 2nd Opposite Party Counsel for the Complainant : Mr.J.Milton Arul Rajendran, Advocate.

Counsel for the Opposite Parties-1&2 : Mr.K.Jegadeesan, Advocate.

This case coming before us for final hearing on 22.11.2021 and on perusing the material records, this Commission made the following:-

ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1. This complaint has been filed by the complainant under section 17 (1) (a) (i) of the Consumer Protection Act, 1986 praying for (1) to direct the opposite parties to pay 36% simple interest per annum of accumulated interest, the sum of Rs.25,75,800/, for the delayed period from April 2014 to July 2016 on Rs.31,80,000/-. (2) Direct the opposite parties to register the construction agreement at their own cost 1% stamp value of Rs.29,500/-. (3) Direct the opposite parties to refund the excessively collected amount of Rs.1,00,000/- with current bank rate of interest from the date of receipt by the opposite parties to the date of payment period. (4) Direct the opposite parties to hand over payment vouchers of service tax of Rs.1,00,000/- received from the complainant and hand over the underground drainage deposit receipt for Rs.5000/-. (5) Direct the opposite parties to cover the utility room grill work with transparent plastic board. (6) Direct the opposite parties to attend minor repairs pending from the date of occupation of the flat. (7) Direct the opposite parties to allot car parking space permanently space selected and intimated in April 2013 by the complainant to the opposite party-2 the space in ground floor of the complex. (8) Direct the opposite parties to pay compensation of Rs.1,50,000/- for mental agony. (9) And direct the opposite parties to pay cost of this proceeding.

2. The case of the complainant is as follows: The complainant purchased an apartment residential flat III floor, II Flat (302) in Janakiram Apartment, 41-42 Ansarinagar 1^st street, Maboobpalayam, Madurai, from M/s.Thirumala Apartment. In which the opposite parties are managing partner and partner respectively. The total cost of 2BK, 910 square feet super built up area flat is Rs.31,80,000/-. The cost is inclusive of UDS share of land 150 square feet, building structure and the rights of car parking space of 40 square feet. The complainant paid cash Rs.31,80,000/- with 80 %

of this amount in March 2013 and 20 % of the amount in April and May 2013.

A per the construction agreement dated 21.11.2012 the opposite parties have agreed to deliver the possession of the flat to the complainant within 12 months from the month of payment. And if the buyer of the flat defaulted 36 % of interest per annum would be claimed by the opposite parties. The possession certificate and No due-cum final measurement certificate were handed over to the complainant only on 28.02.2017. The opposite parties have accepted the delayed delivery of possession of flat are liable for payment of compensation to the complainant. For the delayed period and the complainant has to pay heavy interest to his lenders, compensation for Rs. 31,80,000/- at the rate of 36 % per annum for 27 months period after the agreed period of 12 months should be paid to the complainant. The undivided share of land 150 square feet with its price value of Rs.2,25,000/- has been r