BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

CC.NO. 235 OF 2017 Between:

Dr.(Mrs)VIJAYA NAMBIAR w/o. Sri. K.M.R. Nambiar, Aged about 67 years, Indian, Occ:-Retired Employee, R/o Flat No.102, North Block, 10-5-6, My Home Glory Apartments, Masab Tank, Hyderabad-500028.

……. Complainant And M/s. MEENAKSHI INFRASTRUCTURES PVT.LTD., Rep. by it’s Managing Director Sri C.S. Prasad, S/o Ch. Krishna Rao, Registered office at 8-2-418, Meenakshi House, 5th Floor, Road No.7, Banjara Hills, Hyderabad-500 034.

Presently at:

Premises Bearing No.119, Road No.10, Jubilee Hills, Hyderabad-500033.

… Opposite party Counsel for the Complainant : Dr. (Mrs).VijayaNambiar-(PIP)

Counsel for the Opposite Party :Mr. V.Srinivas Hon’ble Sri K.RangaRao - Presiding Officer-

Member- (Judicial).

THURSDAY, THE EIGTH DAY OF MAY, TWO THOUSAND TWENTY FIVE *****

Order : (Per Hon’ble Sri K.RangaRao- Presiding Officer-

Member - (Judicial).

1).This complaint is filed on 25.10.2017 by the Complainant namely Dr.(Mrs)VIJAYA NAMBIAR u/s. 17(i)(a) of Consumer Protection Act, 1986 praying this State Commission to direct opposite party M/s. MEENAKSHI INFRASTRUCTURES PVT.LTD.,:

(a )To deliver the vacant physical possession of the flat bearing No. Phoenix. 1204, 12^th floor, Block B in Meenakshi’s Sky Lounge Project situated at Survey No.50 and 51, Khanamet Village, near Hitex Exhibition centre, Serilingampally Mandal, Hyderabad after completing the same in all respects to the complainant.

(b) To pay to the complainant the rent for the delayed period of 7 years, 4 months at a spell of Rs.1,86,912/- +Rs.24,92,160/-= Rs.26,79,072/- with interest @ 18% pa from 26.09.2017 till date of realization.

(c) To pay further rent @38,940/- per month from 27.09.2017 to till date of delivery of the possession of the flat.

(d) To pay to the complainant a sum of Rs.2,00,000/- towards the compensation for mental agony, hardship and serious inconvenience.

(e) To pay a sum of Rs.3,00,000/- towards travel expenses, phone bills, health hazards asthama, sleepless nights and hypertension etc.

(f) To pay the costs of Rs.80,000/- and pass such and further order or orders which the Hon’ble State Commission deems fit and proper under the circumstances of the case.

The brief averments of complaint are as follows:

2). The complainant is the absolute owner and possessor of the plot bearing Nos. 11,12 & 14 admeasuring 600 Sq yards, in survey Nos. 50 & 51 of Khanamet Village, Serilingampalli Mandal, RR District having acquired through the Registered Sale deed document bearing No.4531 of 1991 dated

30.05 1991.

It is further submitted that, while the matter stood thus, the Opposite Party has constantly approached the complainant and apprised of a proposal pertaining to construction of a Residential Multistoried Complex by taking the subject plots of the complainant and adjoining neighbouring plots of other owners of Sri Enclave Welfare Society and persisted the complainant to part with her plots for development and the constructed area will be on sharing ratio basis. The complainant also being member of Sri Enclave Welfare Society has finally opted to consider the request of the opposite party. On such option, the opposite party assured the time bound adherence to the construction schedule of residential complex and possession of the flats thereof and further promised to complete the construction of residential complex on time in all respects as per the specifications agreed andalso assured to provide the basic and common amenities encompassed in Schedule of the Development Agreement and Sky Lounge brochure. The Opposite Party also promised to provide imposing landscaping in the open area on all sides with healthy and hygienic ecological environs befitting to the status of a gated community and finally requested the complainant to enter into the development agreement for constructing the residential complex on her plots amalgamating the other neighbouring plots together.

It is further submitted that b