ORDER

In FA/185/2014

For the Appellant           : Mr. Uday B. Wavikar, Advocate

                                      : Mr. Vikas Nautiyal, Advocate and

                                      : Ms. Megha Joshi Nautiyal, Advocate

For the Respondent      : Mr. Mohit P.Bhansali, Advocate with

                                        Mr. Karan Jain, Advocates

In FA/282/2014

For the Appellant          :  Mr. Mohit P. Bhansali, Advocate with

                                        Mr. Karan Jain, Advocate

For the Respondent      : Mr. Uday B. Wavikar, Advocate with

                                      : Mr. Vikas Nautiyal, Advocate and

                                      : Ms. Megha Joshi Nautiyal, Advocate

1.      Heard Mr. Mohit P. Bhansali, Advocate, for Sanjay Hari Nagpal and Mr. Uday B. Wavikar, Advocate, for Mohini Shelters Pvt. Ltd., in both the appeals.

2.      Both above appeals are cross appeals, arise out of the order of Maharashtra State Consumer Disputes Redressal Commission, dated 06.02.2014, passed in CC/11/72, partly allowing the complaint and directing the opposite party to handover possession of Flat No.501, in new building as per agreement, to pay compensation of Rs.ten lacs and compensation of Rs.one lac for mental agony and Rs.50000/- as cost of litigation.

3.      The office has reported 2 days delay in filing FA/185/2014. The appellant has not filed any application for condonation of delay. In the interest of justice, delay in filing the appeal is condoned. The office has reported 29 days delay in filing FA/282/2014. The appellant has filed IA/3006/2014, for condonation of delay. Cause shown is sufficient. Delay in filing the appeal is condoned.

4.      One “New Shri Ramanagar Cooperative Housing Society Ltd.”, CTS No.F/1532, 5^th Road, Khar West, Mumbai-400052 was owner of a building, situated on plot 579 (area 723.20 sq. meter) at village Bandra, taluqa Andheri, district Mumbai Suburban. One “Vintage Apartments Cooperative Housing Society”, CTS No.F/1529, 5^th Road, Khar West, Mumbai-400052 was owner of a building, situated on plot 580 (area 752.50 sq. meter) at village Bandra, taluqa Andheri, district Mumbai Suburban. These societies obtained Structure Feasibility Reports of its buildings and on its basis decided to reconstruct/redevelop the buildings in the meeting of general bodies of the societies. They invited redevelopment offers from qualified builders. M/s. Mohini Engineers and Contractors gave an offer for redevelopment, which was approved by general body of the societies on 26.08.2007. M/s. Mohini Engineers and Contractors transferred development rights to Mohini Shelters Pvt. Ltd. (the opposite party) on 29.08.2007. Both the societies agreed for construction of single building on plots 579 and 580, aforesaid and also amalgamation of two societies. A registered development agreement dated 31.12.2007 was executed between New Shri Ramanagar Cooperative Housing Society Ltd., Vintage Apartments Cooperative Housing Society and Mohini Shelters Pvt. Ltd. (the opposite party). The new building was constructed in the name of “Mohini Heights” on plots 579 and 580, aforesaid and new society is named as Mohini Heights Cooperative Housing Society.

5.      Sanjay Hari Nagpal filed CC/11/72 for directing Mohini Shelters Pvt. Ltd. (i) to handover possession of the FlatNo.501 in building “Mohini Heights” as per approved plan, as per agreement, along with all the amenities, (ii) to pay Rs.25/- lacs with interest @18% per annum as compensation for deficiency in service, (iii) to pay Rs.620330/- as rent and penalty (iv) to pay cost and (v) any other relief which is deemed fit and proper in the circumstances of the case.

6.      Sanjay Hari Nagpal stated that he and Late Mrs. Kamla Gopal Nagpal owned a flat in the building of New Shri Ramanagar Cooperative Housing Society Ltd., situated on plot 579 (area 723.20 sq. meter) at village Bandra, taluqa Andheri, district Mumbai Suburban. The opposite party impressed the complainant and other