CC/17/867

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

MAHARASHTRA, MUMBAI

Complaint No.CC/17/867

1. MR.SHEKHAR RIJHWANI,

Flat No.13, Pali Niketan CHS,

Nargis Dutt Road,

Bandra (West), Mumbai 400 050

1. MRS.SHARMISTA SHEKHAR RIJHWANI,

Flat No.13, Pali Niketan CHS,

Nargis Dutt Road,

Bandra (West), Mumbai 400 050

....... Complainant(s)

Versus

1. ERA REALTORS PVT. LTD.,

Through its Directors,

Having its Principal Office at:

Omkar House,

Off.Eastern Express Highway,

Sion Chunabhatti Signal,

Sion (East), Mumbai 400 022.

And its site office at:

Tadi Compound, Near Narmada Hall,

Off.Parekh Nagar, Malad (East),

Mumbai 400 097.

2. OMKAR REALTORS & DEVELOPERS PVT. LTD.,

Through its Directors,

Omkar House,

Off.Eastern Express Highway,

Sion Chunabhatti Signal,

Sion (East), Mumbai 400 022.

……Opponent(s)

BEFORE:

Justice S.P. Tavade - President

S.T. Barne – Judicial Member

For the Complainant(s) : Advocate Ms.Poonam Makhijani.

For the Opponent(s) : None.

CC/17/867

ORDER

(23^rd August, 2022

Per Hon’ble Ms.S.T. Barne – Judicial Member:

(1)

Complainants, Mr.Shekhar Rijhwani and Mrs.Sharmista Shekhar

Rijhwani are husband and wife. They are resident of Bandra West,

Mumbai. They were in need of purchase of flat with specious

accommodation and various facilities. Therefore they approached the

opponent no.2 who assured the complainants that the flat would be ready

for occupation within eighteen months and possession would be given by

December, 2015. Believing his representation the Complainants booked

flat bearing Unit No.B-1709 on the 17^th Floor of Tower B in Alta Monte

Building to be constructed at Tadi Compound at Malad (East) in Mumbai.

The total consideration of the flat was agreed to Rs.2,50,54,600/20. The

complainants have paid total amount of Rs.51,70,741/- in installments,

which works out to 20.6% of the total consideration. Since the opponents

have delayed the construction and has not given possession within

stipulated time, the complainants discussed with the opponents and

submitted letter for cancellation of booking and for refund of amount

paid. Since the opponent did not refund the money the complainants sent

them e-mail dated 22/08/2016. In reply opponents sent e-mail dated

17/11/2016 to the complainants informing that the company’s

management had been requested to approve a full refund of

Rs.51,70,741/- within a period of three months. However, the opponents

sent allotment letter dated 28/12/2016 to the complainants asking them to

agree for mortgage of land. It is the case of the complainants that there

was no agreement till this time despite of receiving more than 20%

amount by opponents out of total consideration, the opponents thereby

violated the provisions of Maharashtra Ownership Flats Act. Hence, the

CC/17/867

complainants have issued letter to the opponents on 14/03/2017 to refund

the entire amount of Rs.51,70,741/-. As the opponents failed to refund

the amount the complainants approached to this Commission.

(2)

It is the contention of Complainants that cause of action arose in Mumbai

and the complainants have claimed refund of the amount paid to

opponents along with interest and compensation amounting to total sum

of Rs.79,55,076/-. Thus, this Commission has territorial jurisdiction and

pecuniary jurisdiction.

(3)

Opponents have appeared before this Commission and filed written

version. Said written version is at page nos.C-26 to C-33 of compilation.

The opponents have denied all adverse contentions in the complaint. It is

the contention of opponents that the complainants approached the

opponents somewhere on 24/02/2014 to purchase the Unit No.B-1709

ON THE 17^TH Floor of Tower B in Alta Monte Building to be

constructed at Tadi Compound at Malad (East) in Mumbai. Total

consideration was agreed to Rs.2,50,54,600/-. The complainants paid

Rs.7,00,000/- on 24/02/201

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