Date of filing : 28.07.2017.

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble Thiru Justice R.SUBBIAH... RESIDENT C.C. No.276 of 2017 Tuesday, the 3rd day of June, 2025 Mr.G.Vikram, S/o G.Rajendra Prasad, Rep. by his Power Agent G.Rajendra Prasad, Residing at No.3/49, Beri Street, Nagari – 517590, Andhara Pradesh. … Complainant Vs.

1. M/s. Prestige Estates Projects Limited, Rep. by its Managing Director, Mr.Irfan Razack, Registered Office at “The Falcon House”, No.1, Main Guard Cross Road, Bangalore – 560 001.

2. M/s. Estra Enterprises Private Limited, Rep. by its Authorized Signatory, Having office at No.25, 6th floor, Tek Meadows, Rajiv Gandhi Salai (OMR), Sholinganallur, Chennai – 600019. ... Opposite parties For Complainant : M/s.M.Vinoth Kumar For Opp. Parties : M/s. P.V.Sajiv Kumar This Complaint came up for final hearing on 20.05.2025 and, after hearing the arguments of the counsel for the Complainant and the opposite parties and on perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.SUBBIAH, J: PRESIDENT This complaint has been filed under Section 17 of the Consumer Protection Act, 1986, as against the Opposite Parties, for the following reliefs:

(i) To direct the opposite parties 1 and 2 to pay a sum of Rs.13,55,515/- as contemplated under Clause 5 (c) of the Construction Agreement calculating 8% interest on the total sale consideration of Rs.1,69,43,938/-from 01.10.2015 till 26.09.2016 till the date of handing over possession together with interest at 12% from 26.09.2016 on Rs.13,55,515/- accruing to the tune of Rs.1,35,551/- from the date of filing the complaint until the actual payment;

(ii)To pay a sum of Rs.9,00,000/- towards the loss of rental income suffered by the complainant from 01.10.2015 till 26.09.2016, together with interest at the rate of 12% per annum on Rs.9,00,000/- from 26.09.2016 until the actual payment;

(iii) To pay a sum of Rs.10,00,000/- towards the mental agony, inconvenience and severe hardship undergone by the complainant, together with interest at

12% p.a. from 01.10.2015, until the date of payment;

(iv) To pay a sum of Rs.10,00,000/- towards deficiency in service, together with interest at 12% p.a. from

01.10.2015 until the date of payment; and (v) To pay cost of the complaint.

2. The case of the complainant is that he is presently employed in USA and he was unable to look after the Apartment purchased from the 1st opposite party. Hence, he had appointed Dr.G.Rajendra Prasad as his Power Agent, vide GPOA dated 19.09.2014, to look after the aforesaid Apartment. The said GPOA is still in force.

(a) The 1^st opposite party is a registered company under the Companies Act 1956. The 1st opposite party is a property Developer, who entered into a Joint Development Agreement dated 15.07.2010, with the 2^nd opposite party to build a new residential project under the name and style of “Prestige Bella Vista”. The said project was laid down in a larger extent of land measuring 25.18 acres comprised in several survey numbers, situated at Iyyappanthangal Village, Sriperumbudur Taluk, Kancheepuram District, which originally belonged to the 2^nd opposite party. The said residential project consists of several Apartments of various sizes and common areas such as staircase, lobbies, basement, car parks, club house, parks, road, open spaces, pavements, drive ways, together with other amenities and infrastructure.

(b) The complainant intended to purchase the Apartment No.3096, situated on the 8^th Floor of Tower T3 in Prestige Bella Vista, having a built up area of 2533 sq. ft., inclusive of common areas and other amenities together with the proportionate undivided land measuring an extent of 655.39 sq. ft. At the time of entering into an Agreement, the sale consideration of the flat was fixed as Rs.1,60,91,935/- inclusive of cost of land and building. But, such consideration was exclusive of VAT, S