Date of filing : 10.05.2018.

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru. Justice R. SUBBIAH: PRESIDENT C.C. No.143 of 2018 Friday, the 31^st day of January 2025

1. Mr. R. Vignesh S/o. Ramesh Kumar Block-A, Prem’s Opulent Bharathiyar Nagar Extension Okkiam Thoraipakkam Village Sholinganallur Taluk Kanchipuram District-600 119.

2. Mrs. G. Aishwarya W/o. R. Vignesh Block-A, Prem’s Opulent Bharathiyar Nagar Extension Okkiam Thoraipakkam Village Sholinganallur Taluk Kanchipuram District-600 119. .. Complainants - Vs –

M/s. Prem Estates A Proprietorship Firm Rep. by its Sole Proprietor Mr.Vinay Lodha S/o. Prem Prakash Lodha Managappan Street Sowcarpet, Chennai-600 079. .. Opposite Party.

Counsel for the Complainant : M/s.David Tyagaraj Counsel for the Opposite Party : M/s. Abitha Banu This Complaint came up for final hearing on 21.06.2024, and on hearing the arguments of the counsel for the Complainants and upon perusing the material records, this Commission made the following :-

O R D E R

R. SUBBIAH J, PRESIDENT This Complaint has been filed under Section 17(1)(a)(i) of the Consumer Protection Act, 1986 for a direction to the opposite party to pay the total expenses of Rs.19,50,000/- with 18% interest p.a., from the date of filing the complaint till the date of realization for deficiency of service.

2. The brief facts of the case of the complainant is as follows: The 2^nd complainant is the wife of the 1^st complainant. The complainants agreed to purchase a flat from the opposite party for a sum of Rs.57,99,900/-. They booked Flat No.G1 on the ground floor, in Block A of “Prem’s Opulent” situated at Survey No.428/7B, Bharathiyar Nagar Extension, Okkiam Thoraipakkam Village, Sholinganallur Taluk, Kancheepuram District. The complainants entered into a Construction Agreement on 30.03.2017 with the opposite party, which was registered before the SRO, Neelankarai under Doc.No.2753 of 2017. The following payments were made by the complainants to the opposite party as advance:-

a) Rs.1,50,000/- by cash on 14.02.2017 b) Rs.1,00,000/- by way of cheque No.10120861 dated 17.02.2017 c) Rs.50,000/- by way of NEFT on 04.03.2017 d) Rs. 2,00,000/- by way of NEFT on 13.03.2017 e) Rs.1000/- by way of NEFT on 13.03.2017 f) Rs.40,000/- by way of NEFT on 13.03.2017 g) Rs.45,000/- by way of NEFT on 18.03.2017 h) Rs.75,000/- by way of NEFT on 21.03.2017 i) Rs.50,000/- by way of NEFT on 30.03.2017 The complainant availed loan from HDFC Bank for a sum of Rs.46,00,000/- towards purchase of the said flat, out of which the Bank released Rs.17,00,000/- on 21.04.2017 and Rs.20,00,000/- on 22.04.2017 to the opposite party. Out of the total released sum of Rs.37,00,000/-, the opposite party adjusted a sum of Rs.12,44,400/- towards the charges for registration of UDS vide sale deed dated 21.04.2017 before the SRO, Neelankarai and the balance amount of Rs.24,55,600/- was appropriated by the opposite party towards construction charges. On various dates, from 21.04.2017 the complainants have paid a total sum of Rs.4,65,000/- to the opposite party through NEFT transfer and cheques, towards construction charges. The 1^st complainant had sent several mails to the opposite party requesting them to complete the construction at the earliest and the opposite party by email dated 13.08.2017 had agreed to complete all the pending construction work within one day. But, the opposite party has handed over vacant possession of the flat to the complainants on 28.08.2017, without completing the construction work of the flat and receiving the balance payment from the complainants, thereby the opposite party has violated paragraph 8 of the construction agreement. The opposite party has failed to complete the following work in the construction of the flat, purchased by the complainant:-

a. Grill front side b. Main entrance floor area finishing c. Rear side finishing in main door, main door handle, painting inside the groves, stopper in all doors