STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Complaint No.CC/17/304 DR.PARAMANANDA ACHARYA, ACharya Clinic & Nursing Home, Nimai Medical Market Complex, Jagatsinghpur, Dist. Jagatsinghpur, Odisha – 754 103 ....... Complainant(s)

Ver sus

1. M/s.SARKAR CONSTRUCTIONS, A Proprietorship Firm through its Sole Proprietor: Mr.Ilyas Ismail Menon, Shop No.7, Blue Star Apartment, Nathani Complex, Kausa, Mumbra, District Thane 400 612.

2. MR.ILYAS ISMAIL MENON, Sole Proprietor of M/s.Sarkar Constructions, Both Opposite Party 1 and 2 having address at:

Flat No.207, Green View Complex, Mumbra, District Thane – 400 612.

…….Opponent(s)

BEFORE Mr.Justice S.P. Tavade - President Ms.S.T. Barne – Judicial Member For the Complainant(s) : Advocate Mr.Ajay Pawar For the Opponent(s) : None.

ORDER

(20^th July, 2022)

Per Hon’ble Mr.Justice S.P. Tavade – President:

(1) The Complainant is a medical practitioner. He resides at Jagatsinghpur, Odisha. He is required to visit Mumbai to meet his relatives, old patients and senior Doctors. The complainant used to stay with some friends, relatives or in hotels. The complainant had decided to purchase flat at Mumbra. He took search of few projects. He found the project of opponent no.1 was suitable and which was meeting his requirements. Hence, he decided to purchase a residential flat admeasuring 2200 sq.ft. built up area in ‘A’ Wing in the complex known as Sarkar Complex situated at Kalyanphata, Daighar Gaon, Opp.Daighar Police Station, District Thane for a total consideration of Rs.36,00,000/-. The opponent no.1 is firm and opponent no.2 is sole proprietor of opponent no.1. Opponents are builders and developers who were constructing the project known as Sarkar Complex in District Thane. The complainant paid to opponent a token advance of Rs.25,000/- in cash on

06/05/2011. The complainant paid Rs.14,00,000/- as under:

By Cheque No.542396 Rs.5,00,000/- on 02/06/2012 By Cheque No.542399 Rs.5,00,000/- on 04/06/2012 By Cheque No.542400 Rs.4,00,000/- on 14/06/2012 Upon above payment, the opponents executed Memorandum of Understanding (MOU) on 14/12/2013 in favour of the complainant. The opponents promised to handover possession of the flat to the complainant within six months on execution of MOU. According to the MOU, the opponents should have handed over the possession of the flat on or before 30^th June, 2014. But, the opponent failed to handover possession of the flat even after two months grace period. Complainant visited the site of the project. He was surprised to notice that the project was not completed. Hence, he called upon the opponents to either handover possession of alternate premises or refund the amount paid by him with interest @15% per annum. The opponents then executed document stating that opponent is unable to complete the project due to non-completion of some Government objections. The opponents had offered substitute place at Village Khoj, Ambernath, District Thane at a price equivalent to the amount of Rs.14,25,000/- paid by the complainant within 6 to 8 months. It is contended that the opponents failed to handover possession of alternate place too and did not perform the obligations. The complainant called upon opponents on phone from Odisha on various occasions and asked them to refund the amount paid by him. The opponents failed to refund the amount. It is contended that the opponents had agreed to refund the amount and issued two cheques of Rs.2,00,000/- each, but, both cheques were dishonoured on presentation to bank. It is contended that the opponents are guilty of unfair trade practice and committed deficiency in service by playing fraud on the complainant. The opponents are also guilty of violation of various provisions of Maharashtra Ownership Flats Act, 1963 (MOFA) for not executing proper registered Agreement as provided in MOFA Rules. It is contended that the complainant had approached the opponents on several occasions and requested them to rectify their continuing wron