ORDER

1.      This consumer complaint has been filed under section 21(a)(i) of the Consumer Protection Act, 1986 (in short, the ‘Act’) against the opposite parties on the grounds of non-delivery of a flat in its redevelopment project by the opposite party after having collected the full sale consideration resulting in deficiency in service and unfair trade practice.

2.      The complainant states that the opposite party assured her and her late mother of handing over of flat no 1204, 12^th Floor, Building No. 3, Krishna Building, D.N. Nagar, Andheri (West), Mumbai admeasuring 1005 sq ft at an early date and therefore they booked the said flat on 09.05.2013 by depositing Rs 1,00,000/- based on the allotment letter dated 08.01.2013 issued by the opposite party. A sum of Rs 56,00,000/- was paid in two instalments by the complainant and Rs 43,00,000/- by her late mother between 01.06.2013 and 24.07.2013 to the opposite party no. 2 and were provided receipts dated 30.08.2013 for the same. However, no agreement was signed by the opposite parties as per the Maharashtra Ownership of Flats (Regulations of the Promotion of Construction, Sale Management and Transfer (Amendment) Rules, 1987. On 14.04.2015 Kokila Mehta expired and the complainant became the sole applicant. On 14.08.2015 opposite party issued a letter acknowledging receipt of only Rs 75,00,000/ despite having issued a receipt dated 30.08.2013 for the entire sale consideration of Rs 1,00,00,000/-. Several allottees in the said project filed complaints with the Economic Offences Wing (EOW) of the Police in Mumbai alleging cheating and fraud by opposite party no. 2. Complainant sent a legal notice dated 02.08.2017 which was returned undelivered/ refused by opposite party 2. The complainant is before this Commission with the prayer to:

a)     allow the present complaint and declare the opposite parties for committing deficiency in service and unfair trade practice

b)     direct the opposite parties to deliver the legal position of the flat bearing flat number 1204 to be constructed on commonly known as ‘Krishna Building’ situated at DN Nagar, Building Number 3, Andheri (W), Mumbai and the same be free from all legal encumbrances along with all the amenities and direct them to provide/ execute all the legal documents like Completion Certificate, Occupation Certificate, Certificate from the authority declaring no dues towards the lease amount and also declare the offer of fit out position by the opposite parties as illegal;

c)     direct the Opposite Parties to execute sale deed and Buyers Agreement in favour of the complainant;

d)     direct the opposite parties to pay compensation to the complainants at 18% p.a. from the date of deposits (08.01.2013, 01.06.2013, 24.07.2013 respectively) for Rs 1,00,00,000/-paid by the complainant to the opposite parties towards delay in handing over of possession;

e)     direct the opposite parties to raise the legal demand and provide the authenticated demand statement and also provide the actual measurement of the area following the law;

f)      direct the opposite parties/builder to pay compensation to complainants to the tune of Rs 5,00,000/- towards mental and physical harassment;

g)     opposite parties may also be directed to pay the cost of the complainants to the tune of Rs 2,00,000/- as litigation expenses;

h)     pass such other or further order/orders as may be deemed fit and proper on the facts and in the circumstances of this case.

3.      The complaint was resisted by the opposite party no 3 by way of a reply denying the allegations by the complainant. It was stated that opposite party 3 was a registered Partnership Firm of seven partners and opposite party no. 2 was a limited liability partnership engaged in redevelopment of properties. Opposite party 3 was granted redevelopment rights of certain properties in Andheri (W) including Building No. 3 in Krishna Society. A Development Agreement between it and the society concerned was entered in