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CC/17/872 1
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
CONSUMER COMPLAINT NO.CC/17/872
Mr.Sanjay Bhagwan Singh,
Mrs.Gulabodevi Bhagwan Singh,
Address at : 301, Dimple Corner, Sector 8-A,
Airoli, Navi Mumbai 400 708.
...........Complainant(s)
Versus
M/s.Ishaadit Enterprises,
Regd.office at : Shop No.27, Laxmi Narayan
Complex, Sector-12, Koperkhairane,
Navi Mumbai 400 709
Through its partners
1. Mr.Pavan M. Agarwal,
2. Mr.Nitin Joisar
............Opponent(s)
BEFORE:
Hon’ble Dr.S.K.Kakade, Presiding Member
For the Complainant:
Adv.Poonam Makhijani
For the Opponent/s:
None
ORAL ORDER
Per Hon’ble Dr.S.K.Kakade, Presiding Member
[1] Complainants have filed this consumer complaint against opponent
for getting physical & legal possession of flat along with other reliefs.
[2] Brief facts of the case are as under:-
Complainants booked flat no.803 on 8th floor area admeasuring
349.43 sq.fts. in the project named and styled as “Newa Heights” on plot
bearing no.98, at Sector 8A of village Airoli, Navi Mumbai with opponent
for
total
consideration
of
Rs.20,47,500/-.+
Development
charges
Rs.65,650/- + Advance Maintenance charges Rs.15,600/- + VAT
Rs.15,475/- + Service tax Rs.37,003/-. At the time of booking, opponent
agreed to hand over the flat to complainant by end of December 2011.
Complainants paid an amount of Rs.20,47,500/- + Development charges
Rs.65,650/- + Advance Maintenance charges Rs.15,600/- + VAT
CC/17/872 2
Rs.15,475/- + Service tax Rs.37,003/- which comes to Rs.21,81,228/- to
opponent on different dates. The complainants have also paid Rs.7,800/-
towards
society
formation
charges,
water
&
electricity
charges.
Although complainants paid this much amount of sale consideration in
respect of flat to opponents, opponents failed to complete construction
work, execute agreement and to hand over possession of the flat to
complainants. Communications and notices through advocates were
exchanged between the parties which resulted into fruitless. Hence,
complainants have filed this consumer complaint against opponent for
getting possession of flat no.803 from opponents after executing
agreement in respect of that flat in their favour along with costs and
compensation.
[3] Along with complaint, complainants have filed on record copies of
brochure, cost sheet, payment receipts, bank statement, advocate’s notice
and communication between the parties etc.
[4] After admission of the consumer complaint, notice of consumer
complaint was issued to opponent by publishing the same in newspaper.
However, no one appeared for opponent to contest the consumer
complaint. In view of the same by passing order on 12/10/2017, this
Commission directed to proceed the consumer complaint ex-parte against
opponents. Thereafter, complainants filed their evidence on record along
with documents in their favour.
[5] On perusal of documents filed on record, it has become clear that
complainant booked flat no.803 on 8th floor area admeasuring 349.43
sq.fts. in the project named and styled as “Newa Heights” on plot bearing
no.98, at Sector 8A of village Airoli, Navi Mumbai with opponent for total
consideration of Rs.20,47,500/- + Development charges Rs.65,650/- +
Advance Maintenance charges Rs.15,600/- + VAT Rs.15,475/- + Service
tax Rs.37,003/- which comes to Rs.21,81,228/-. At the time of booking
of flat, opponent agreed to hand over the flat to complainant by end of
December 2011. From documents filed on record, it has become clear
that complainant paid amount of Rs.21,81,228/- to opponent in respect
of these flat no.803 on different dates. Copies of receipts in respect of
payment a
