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CC/17/304
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Complaint No.CC/17/304
DR.PARAMANANDA ACHARYA,
ACharya Clinic & Nursing Home,
Nimai Medical Market Complex,
Jagatsinghpur, Dist. Jagatsinghpur,
Odisha – 754 103
....... Complainant(s)
Versus
1. M/s.SARKAR CONSTRUCTIONS,
A Proprietorship Firm through its
Sole Proprietor: Mr.Ilyas Ismail Menon,
Shop No.7, Blue Star Apartment,
Nathani Complex, Kausa, Mumbra,
District Thane 400 612.
2. MR.ILYAS ISMAIL MENON,
Sole Proprietor of M/s.Sarkar Constructions,
Both Opposite Party 1 and 2 having address at:
Flat No.207, Green View Complex,
Mumbra, District Thane – 400 612.
…….Opponent(s)
BEFORE:
Mr.Justice S.P. Tavade - President
Ms.S.T. Barne – Judicial Member
For the Complainant(s) : Advocate Mr.Ajay Pawar
For the Opponent(s) : None.
ORDER
(20th July, 2022)
Per Hon’ble Mr.Justice S.P. Tavade – President:
(1)
The Complainant is a medical practitioner. He resides at Jagatsinghpur,
Odisha. He is required to visit Mumbai to meet his relatives, old patients and
senior Doctors. The complainant used to stay with some friends, relatives or
CC/17/304
in hotels. The complainant had decided to purchase flat at Mumbra. He took
search of few projects. He found the project of opponent no.1 was suitable
and which was meeting his requirements. Hence, he decided to purchase a
residential flat admeasuring 2200 sq.ft. built up area in ‘A’ Wing in the
complex known as Sarkar Complex situated at Kalyanphata, Daighar Gaon,
Opp.Daighar Police Station, District Thane for a total consideration of
Rs.36,00,000/-. The opponent no.1 is firm and opponent no.2 is sole
proprietor of opponent no.1. Opponents are builders and developers who
were constructing the project known as Sarkar Complex in District Thane.
The complainant paid to opponent a token advance of Rs.25,000/- in cash on
06/05/2011. The complainant paid Rs.14,00,000/- as under:
By Cheque No.542396 Rs.5,00,000/- on 02/06/2012
By Cheque No.542399 Rs.5,00,000/- on 04/06/2012
By Cheque No.542400 Rs.4,00,000/- on 14/06/2012
Upon
above
payment,
the
opponents
executed
Memorandum
of
Understanding (MOU) on 14/12/2013 in favour of the complainant. The
opponents promised to handover possession of the flat to the complainant
within six months on execution of MOU. According to the MOU, the
opponents should have handed over the possession of the flat on or before
30th June, 2014. But, the opponent failed to handover possession of the flat
even after two months grace period. Complainant visited the site of the
project. He was surprised to notice that the project was not completed.
Hence, he called upon the opponents to either handover possession of
alternate premises or refund the amount paid by him with interest @15% per
annum. The opponents then executed document stating that opponent is
unable to complete the project due to non-completion of some Government
objections. The opponents had offered substitute place at Village Khoj,
Ambernath, District Thane at a price equivalent to the amount of
Rs.14,25,000/- paid by the complainant within 6 to 8 months. It is contended
CC/17/304
that the opponents failed to handover possession of alternate place too and did
not perform the obligations. The complainant called upon opponents on
phone from Odisha on various occasions and asked them to refund the
amount paid by him. The opponents failed to refund the amount. It is
contended that the opponents had agreed to refund the amount and issued two
cheques of Rs.2,00,000/- each, but, both cheques were dishonoured on
presentation to bank. It is contended that the opponents are guilty of unfair
trade practice and committed deficiency in service by playing fraud on the
complainant. The opponents are also guilty of violation of various provisions
of Maharashtra Ownership Flats
