Date of filing: 17.02.2017.

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU. JUSTICE R. SUBBIAH : PRESIDENT C.C.No.147 of 2017 Thursday, the 15^th day of May, 2025 Mr. Rakesh Kumar Goel, S/o. Late.Shri. Prem Chand Goel, Residing at Asha Nidhi Apartments, Flat No.T-1, 3^rd Floor, No.1079, Officer’s Colony, Anna Nagar Western Extension, Chennai – 600 101. ...Complainant.

- Vs –

1. M/s. Alliance Projects, Having Office at:

Plot No.’A’, No.361/1, Gandhi Mandapam Road, Kotturpuram, Chennai – 600 085, Represented by its Chairman and Managing Director Mr. Manoj Namburu.

2. M/s. Alliance Infra Structure Projects Pvt. Ltd., Represented by its Managing Director Mr. Manoj Namburu.

3. Mr. Manoj Namburu, Chairman & Managing Director of M/s. Alliance Infra Structure Projects Pvt. Ltd.

4. Mr. Suneel Bommireddy, Executive Director, Heads Strategic Finance and Asset Acquisitions of M/s. Alliance Projects.

5. Mr. Kamallakar Shet, Director of M/s. Alliance Projects.

6. Mr. S. Parthasarathi, General Manager – Operations and Authorized Signatory of M/s. Alliance Projects, All are having registered office at No.556, Jeevan Anand Building, 2nd Floor, Annasalai, Teynampet, Chennai – 600 018. ... Opposite Parties.

Counsel for the Complainant : M/s. Ranjani Devi.

Counsel for the Opposite Parties 1, 4 & 5 : M/s. A. Joseph Durairaj.

Counsel for the 2^nd & 3^rd Opposite Parties : M/s. V.V. Giridhar.

For the 6^th Opposite Party : Given up.

This complaint came for final hearing on 10.01.2025, and on hearing the arguments of the learned for counsel both sides and on perusing the written arguments and additional written arguments filed by both sides and the material records, this Commission made the following :-

O R D E R

THIRU. R.SUBBIAH J., PRESIDENT This complaint has been filed by the complainant as against the opposite parties for the following directions:-

a) To provide the amenities as per the construction agreement dated

26.05.2011 as listed in the “Schedule D”.

b) To pay to the complainant a sum of Rs.55,68,244.24 towards interest @ 24% for 26 months delay in handing over possession.

c) To pay to the complainant a sum of Rs.6,50,000/- towards 26 months rent paid by the complainant.

d) To pay to the complainant a sum of Rs.10,00,000/- towards deficiency in service.

e) To pay to the complainant a sum of Rs.10,00,000/- towards mental suffering, agony and pain and f) To pay to the complainant a sum of Rs.50,000/- towards cost and thus, totalling Rs.82,68,244.24.

2. The case of the complainant before the District Commission is that the 1^st opposite party is the absolute owner of the land and he had entered into an agreement with the 2^nd opposite party and the 3^rd to 5^th opposite parties are the Managing Director, Executive Director and Director respectively of the 2^nd opposite party and represented by General Power of Attorney holder of the 1^st opposite party. The complainant had purchased the property of undivided share in land measuring about 426.36 sq.ft. promoted by the opposite parties at ‘Orchids Springs’ Apartment No.12A12, 13^th Floor, Type Sun Flower, Tower Pine. He had paid entire cost of Rs.93,76,000/- in one shot and also entered into an agreement of sale as well as a construction agreement on 26.05.2011. Subsequently, an additional demand was made from the management towards amenities and accordingly, without any delay the complainant had paid Rs.13,32,162/- and totally he had paid a sum of Rs.1,07,08,162/- towards cost and amenities. As per the construction agreement dated 26.05.2011, the unit has to be handed over to the complainant on or before 20.11.2013, i.e. within 30 months, i.e. 24 months for construction time and 6 months of extra grace period. But there was a delay of 26 months in handing over the possession. There had been a one sided clause in the construction agreement stating that if there is delay in payment of the due, the builder or the developer has got the option either to cancel the agreement for constru