Date of filing : 02.08.2019.

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH...RESIDENT C.C.No.14 of 2020 Monday, the 30^th day of June, 2025

1. Mr.Ansari Ahamed Zubair, S/o Mr.Zubair Ansari.

2. Mrs. Ramesha Hajara, W/o. Mr. Ansari Ahamed Zubair, Both residing at:

Flat No.4 D, Tower-1, 4^th Floor, BBCL Vajra, Service Road, Nolambur, Mogappair West, Chennai – 600 037. … Complainants Vs.

1. M/s. BBCL VAJRA, No.20, Mylai Ranganathan Street, T. Nagar, Chennai-600 017, Rep. by its Managing Partner.

2. M/s. Bharath Building Constructions (India Private Limited), Rep. by its Managing Director, Mr.Vummudi Anandh, No.20, Mylai Ranganathan Street, T. Nagar, Chennai-600 017.

3. Mr.Vummudi Anandh, No.20, Mylai Ranganathan Street, T. Nagar, Chennai-600 017.

4. Mr.P.Raja Rao, S/o Late Mr.P.Sivaramaiah, Villa No.1, Amara Samudra, No.4/211, MGR Road, Palavakkam, Chennai-600041.

5. Mr.Ganta Srinivasa Rao, S/o Mr.G.Chinna Rosaiah, IVR Prime, Hill Ridge Villas, Villa No.17, ISB Road, Gachibowli, Hyderabad-32.

6. Mr.P.V.Baskar Rao, S/o Mr.P.Venkaiah Naidu, Plot No.12, No.49-54-8/12, B5, Layout, Seethamadhara, Visakapatnam – 530013. 7. Mr.P.V.Sudhakar Rao, S/o Mr.P.Venkaiah Naidu, No.2/1, Nathamuni Street, Shenoy Nagar, Chennai-30. ... Opposite Parties For Complainants : M/s. Abitha Banu For Opp. Parties 1 to 7 : M/s. AAV Partners.

This Complaint came up for final hearing on 16.06.2025, and after hearing the counsel for the complainants 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

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

a) To direct the opposite parties to pay a sum of Rs.5,55,000/- being Rs.10/- per sq. ft. per month from December 2016 till May 2019;

b) To pay a sum of Rs.25,00,000/- towards compensation for the mental agony and hardship undergone by the complainants; and c) To pay a sum of Rs.1,00,000/- towards cost of the proceeding.

2. The case of the complainants is that, the 1st complainant is the husband of the 2nd complainant. They were residing in Muscat, Oman from the year 2013 till 2016. In the year 2016, they decided to come and settle in India. For that purpose they desired to purchase a house, so that they can lead a comfortable life in India. Knowing the complainants’ requirement, the 1^st opposite party approached the complainants stating that they are constructing a project called ‘BBCL VAJRA’ in Nolambur, Mogappair West, Chennai and the project is likely to be completed in August 2016. Based on the assurance given by the opposite parties 1 to 3, the complainants booked Flat No.4D with the built-up area of 1850 sq.ft., on the 4th floor in BBCL Vajra Tower No.1. The total consideration for the said flat was fixed at Rs.1,16,71,434/-. In this regard a Construction Agreement and Memorandum of Understanding dated 15.03.2016 were entered between the complainants and 1^st opposite party represented by 2^nd opposite party. As per the Clause-3 of the Construction Agreement, the opposite parties were to hand over the flat by August 2016, with a grace period of three months i.e. November 2016. As per Clause 16(1) of the Memorandum of Understanding, if the developer is unable to give possession within the stipulated time, then the developer has to pay the allottee or its Nominees a monthly compensation of Rs.10/- per sq. ft. The complainants were prompt in making the payments as per schedule, as and when demanded by the opposite parties. The opposite parties did not hand over the possession of the flat within the stipulated time, i.e. November 2016, including the grace period. In the meanwhile the complainants made all arrangements to shift to India. However, to shock and surprise of the complainants, the property was still under construction.