Per Shri A.Z.Khwaja, Hon’ble Judicial Member.

1)      

)       Complainants Siddartha Tukaram Kusare has filed the present complaint Under Section 17 of Consumer Protection Act 1986 for claiming vacant possession of flat and also for compensation and alternatively for refund of the amount of consideration. Short facts leading to the filing of the present Complaint may be narrated as under :-  

2)      Complainant Siddartha Tukaram Kusare  claims to be a permanently resident of Nagpur and presently working at Saudi Arabiain Chemical  Company.  Complainant wanted to settle down at Nagpur in future and so he was in search of  good residence. In the year 2009 the complainant came across  the scheme floated by O.P.Nos. 1 and 2 namely Sahara Prime City Ltd. and so the complainant approached the O.P.Nos.1 and 2 and came to know that the O.P.Nos.1 and 2 have floated scheme of flats under the name of  Sahara Prime City Ltd. Complainant also came to know that some flats were available on the consideration of Rs.29,14,000/-. Complainant then filed an application on dated 01/12/2009 and deposited the booking amount of Rs.5,05,903/-. Complainant was allotted one flat bearing unit No.B/10/205 by allotment letter dated 05/01/2010 on second floor admeasuring 88/73 sq.mtr. for consideration of Rs.29,14,000/-. Complainant has contended that the payment was to be made in a period of 38 months and possession of ready flat was to be given within 38 months. Complainant has contended that when he approached the O.Ps. on 26/08/2013 O.Ps. allotted the unit No.B-7/204 on second floor instead of unit No.B-10/205 on second floor admeasuring 88.73 sq.mtr. and also assured to complainant that the possession of unit No.B/7/204 will be handed over within 10 months. Complainant has contended that looking to the assurances made by O.Ps. the complainant had paid total sum of Rs.28,50,000/- from time to time and also was visiting O.P.Nos.1 and 2. The O.Ps. had assured to handover the possession by 05/01/2010 but even by 05/03/2013 the O.Ps. failed to handover the possession and even did not start the construction work. Complainant has contended that on 20/05/2014 he received letter from O.Ps. that one litigation  was going on  in the Supreme Court between Sahara India and SEBI and so further developments could not take place. Complainant has contended that during intervening period the complainant has paid 33,55,903/- which amounted  to full consideration, but the O.Ps. did not complete the construction work and also did not handover the possession causing immense mental agony as well as monetory loss to the complainant. Complainant has contended that since there was no chance of getting the possession of the flat, the complainant was convinced that there was deficiency in service on the part of O.Ps. and so the complainant has prayed for refund of entire amount alongwith compensation of Rs.5,00,000/-.  

3.      After filing of the complaint due notices were issued to O.P.Nos.1 and 2 and they have appeared  and resisted the complaint  by filing their common written version. O.Ps. have admitted that the complainant had booked one flat in Saha