ADDITIONAL BENCH BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

C.C.No.235 OF 2018 Between:

Smt. Ambati Srilatha, W/o. Lankala Ramesh Reddy, Aged about: 32 years, Occ: Housewife, R/o.11-13-81/2/A/102, Flat No.102, Sri Lakshmi Enclave, Road No.12, Vasavi Colony, Saroornagar, Rangareddy District – 500035.

.....Complainant And M/s. Jain Housing and Constructions Ltd., A Company duly incorporated under the Companies Act, 1956, and having its Regd. Office at No.82, High Gates, 8^th & 9^th Floor, Sant Home High Road, M R C Nagar, Chennai – 600028.

Presently at:

98/99, Habibullah Road, T. Nagar, Chennai – 600017.

2. M/s. Jain Housing and Constructions Ltd., Rep. by its authorized representative, Local Office No.8-2-293/82/A/787/1, 2^nd Floor, Road No.36, Jubilee Hills, Hyderabad – 500033.

…..Opposite Parties Counsel for the Complainant : M/s. Mahesh Kumar Vemuganti Counsel for the Opposite Parties : M/s. U. Santosh Kumar QUORUM: HON’BLE SRI KOLLA RANGA RAO- PRESIDING OFFICER-

MEMBER - (JUDICIAL)

HON’BLE SRI V.V.SESHUBABU, MEMBER (JUDICIAL)

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND TWENTY SIX (PER HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL)

1. The complaint is filed U/s.17 (1) (a) (i) of Consumer Protection Act, 1986, seeking directions against the Opposite Parties to pay Rs.8/- per Sft., per month from 01.10.2015 till the date of realization for the delay in delivery of possession; (ii) To deliver physical possession of the fully completed flat; (iii) to execute the registered sale deed by receiving balance sale consideration of Rs.2,74,525/-; (iv) To pay interest @18% p.a., on Rs.52,15,975/- from 11.03.2016 till date of delivery or in the alternative to refund Rs.52,15,975/- with interest @24% p.a., from the date of complaint till realization; (v) To pay compensation of Rs.1,00,000/- for causing mental agony and for costs.

2. The brief averments of the complaint are that the Complainant purchased flat No.301 admeasuring 1380 Sft., in 3^rd floor, Block-1 with undivided share of land of 39.16 Sq.yards along with one car parking by entering into an agreement of sale dated 13.08.2014; that the total consideration for the flat stood @Rs.54,90,500/- besides corpus fund of Rs.34,500/-, maintenance charges @Rs.1,65,600/-; that the Complainant paid Rs.5,49,050/- by way of cheques on the date of agreement; that the balance amount of Rs.49,41,450/- is payable as per schedule on different dates; that as per the schedule IV Complainant in all paid Rs.52,15,975/- as on 10.03.2016; that the balance payable was only @Rs.2,74,575/-; that the Opposite Parties shall handover possession of the finished flat before 30.06.2015 with a grace period of three months subject to the completion of all obligations by the complainant; that as per article V of the agreement the Opposite Party is liable to pay Rs.8/- per Sft., in case of delay in deliver of possession; that the Complainant paid the amounts by securing loans from private banks etc.,; that due to delay in delivery of possession the Complainant was forced to pay rent @Rs.25,000/- per month to her landlord and the installments @Rs.50,000/- per month to the financial institutions; that vexed with the attitude of Opposite Parties issued a legal notice dated 25.06.2018 with a demand to deliver possession of the fully completed flat with delay charges; hence, the complaint.

3. The brief averments of the written version of Opposite Party No.1 & 2 are that the complaint is not maintainable either on facts or under law; that the Complainant is put to strict proof of all the averments made in the complaint except those that are admitted; that the complaint is hopelessly barred by time; that the Complainant is not entitled for any compensation on the ground of delay due to the failure to pay the amounts as stipulated as per the terms of agreement of sale; that she should have paid all the amounts on or before 30.06.2015, but not by 10.03.2016; that article V of the agreement shall be read alon