ORDER

1.       Heard Mr. Anirudh Gupta, Advocate for the appellant and Mr. Manish Kumar Saryal for respondent-1. 

2.       Above appeal has been filed against the order of the State Consumer Disputes Redressal Commission Karnataka, Bangalore dated 18.06.2018, allowing the complaint filed by respondent-1 with cost of Rs.25000/- and directing the opposite parties including the appellant to complete all interim works; clear all outstanding dues to the association of apartment owners; register the sale deed in favour of the complainant and put her in possession within six months; pay damages in the form of interest @ 18% p.a. on Rs.2284614/- paid by her from the date of complaint till realization and pay compensation of Rs.2/- lacs for delay and mental agony.

3.       The office has submitted report that there is a delay of 39 days in filing the appeal. The appellant has filed an application for condonation of delay IA/16081/2018. For the reasons mentioned in the application and in the interest of justice, delay is condoned.

4.       Smt. Vidhya Varshini (respondent-1) filed consumer complaint No.73 of 2015 with the State Commission for directing the opposite parties to (a) complete all promised interior works and clear all outstanding dues to the association of apartment owners and other agencies; (b) handover possession and register the schedule property in favour of the complainant; (c) pay damages in the form of interest @ 18% p.a. on Rs.2284614/- paid the complainant, till the date of realization; (d) pay Rs.5/- lacs as compensation for delay and losses, mental agony to the complainant; (e) pay litigation cost; and (f) any other order as this Commission deems fit in the interest of justice.

5.       The complainant stated that OP-1 is the owner of residentially converted land measuring 35 guntas in survey No.520/1, Sarjapura village, Sarjapura Hobli, Anekal taluk, district Bangalore. OP-2 is a partnership firm engaged in the business of development, promotion and construction of property. OPs-3 to 5 are also in the business of development and construction of the property. OPs-1 & 2 entered into an agreement dated 09.07.2010 for development of the said land into multi-story apartment “Mayur Paradise.” The opposite parties advertised that the project would be completed in time. On the representation and assurance of the opposite parties, the complainant booked apartment No.207 having super built up area of 1290 sq. ft. and 516 sq. ft. of undivided share in the converted land, vide agreement dated 12.01.2011, for a total sale consideration of Rs.2538460/- and the complainant also paid an amount of Rs.2284614/-. At the time of agreement, the project was in semi-finished condition and it was promised that possession of the apartment would be delivered within 15 months with a grace period of 3 months from the date of the agreement but the opposite parties failed to deliver the possession even after expiry of two years, despite making various representations by the complainant. The complainant had taken housing loan from Axis Bank and paying EMIs. Apartment Owners Association has already been formed which is demanding maintenance charges without possession of the apartment. The opposite parties are liable to pay maintenance charges till the date of possession. Opposite parties are also liable to pay damages in the form of interest @ 18% p.a. from the due date of possession till realization in terms of clause-2 (ii) of the agreement. The complainant sent a legal notice dated 13.12.2014 to the opposite parties seeking delivery of possession and registration of sale deed and also to pay maintenance charges to the apartment owners association and other agencies. The complainant also sought damages in the form of interest @ 18% p.a. and compensation of Rs.5/- lacs. OP-1 replied to the legal notice on 08.01.2015 wherein they made illogical and irrational averments. Then, the complainant filed consumer complaint with the State Commission on 27.