ORDER

1.      Heard Mr. Gopal Jain, Senior Advocate, assisted by Ms. Sonam Gupta, Advocate, for the complainant and Mr. Sukumar Pattjoshi, Senior Advocate, assisted by Ms. Swati Sinha, Advocate, for opposite party.

2.      Sujeet Jain has filed above complaint for directing the opposite party to pay (i) Interest @21% per annum, on the total cost of Rs.14734751/- borne by the complainant, for Apartment No.2801 and Rs.14297277/- for Apartment No.2802, for the delayed period of 45 months in delivery of possession, (ii) Rs.20/- lacs, as compensation, for mental agony and harassment and (iii) any other relief which may be deemed fit and proper in the facts and circumstances of the case.

3.      The complainant stated that M/s. D B Realty Limited (the opposite party) was a company, incorporated under the Companies Act, 1956 and engaged in the business of development and construction of group housing building and selling its unit to the prospective buyers. The opposite party launched a project of group housing in the name of “Orchid Woods” (now named as “D B Woods”) at Gokuldham, Goregaon East, Mumbai-400063, in the year 2009. The opposite party propagated and represented that the said project would be completed in all respect with amenities and possession would be handed over till 30.06.2011. The complainant was in need of a 4BHK flat in that locality for his own use. In this project only 2BHK flats were constructed, as such, the complainant booked two flats of 2BHK as “Jodi flats” on 16.02.2010 with an intention combine both internally. The opposite party, vide two separate letters dated 23.03.2010, allotted Flat No.C-2801 and C-2802, carpet area 892.38 sq.ft., total cost of Rs.12723200/- each and two car parking spaces for Rs.8/- lacs for flat No.C-2801 and one car parking space for Rs.4/- lacs for flat No.C-2802, in C wing of the building “Orchid Woods”. Agreement to Sell was executed between the parties on 25.03.2010, in which total cost was payable in 29 instalments. Vide clause-14 of the agreement, possession had to be delivered on or before 30.06.2011. Thereafter, the complainant had discussions on 20.05.2010 with Vice President of the opposite party for removal of common wall between two flats and some other internal changes, which was agreed. The complaint paid Rs.12559808/- for Flat No.-C-2801 and Rs.12259808/- for Flat No.-C-2802 up to 30.06.2011, strictly in accordance with demand letters but the construction was not completed nor possession was delivered on due date. The common wall between the two flats was also not removed in balcony area, for which, the complainant wrote letters dated 14.05.2012 and 07.07.2013. Possession letter was issued on 25.03.2015 and actual possession by handing over of the key of the flats was done on 06.06.2015. Even at that time, there was no BMC water connection and number of the promised amenities were missing. The opposite party diverted the funds of this project to other project due to which the construction of this project was delayed. Which was unfair trade practice. Due to delay in handing over possession, the interest of the amount deposited by complainant was mounted and he had to pay rent of rented accommodation for his residence. During this period of 45 months, the father and unmarried sister of the complainant were bound to reside with younger brother of the complainant. The complainant had elderly in-laws, living in an old building with no lift. The wife of the complainant had no sibling as such they had responsibility to take care of his in-laws and for that purpose two flats were booked. The opposite party did not give any compensation for delay in possession. Under the agreement, the complainant had to pay interest @21% per annum, if payment of the instalment is not made on due date as such the complainant was also entitled for same rate of interest on his deposit as delayed compensation for 45 months delay in giving possession. The complainant filed CC/859/2017 and CC/860/201