JAWALA REAL ESTATE PVT LTD Vs. HARESH

JUDGEMENT

(1.) The appellant- Jawala Real Estate Pvt. Ltd., subsequently amalgamated with Macrotech Developers Ltd., had allotted a three-bed room apartment to the respondent- Haresh sometime in the year 2013. The apartment number allotted to the respondent was flat no. 6403, B Wing, building known as Lodha Allura (Alpha Tower) in their project known as "Lodha Codename Blue Moon" situated at Plot CS No. 464, Pandurang Budhkar Marg, Opp. Hard Rock Cafe, Worli, Mumbai-400025. The respondent, in 2013 itself, paid Rs.92,50,744.00 being the advance amount out of the total sale consideration of Rs.4,64,86,145.00, and had been requesting the appellant to provide relevant documents so that the registered agreement could be executed. The appellant, on the other hand, was giving written notices that the balance amount be paid failing which the allotment would be cancelled.

(2.) The appellant cancelled the allotment vide letter dtd. 28/6/2013. This resulted into the respondent filing a complaint before the National Consumer Disputes Redressal Commission [NCDRC] registered as CC No. 210 of 2013. During the pendency of the proceedings before the NCDRC, the appellant, despite having been granted time, did not file his written submissions and, as such, their right to file the written statement was forfeited on 19/11/2013. By the same order, the NCDRC also provided, as an ad interim measure that the appellant would not create any third-party rights with respect to the apartment in question i.e. apartment No. 6403. Despite the same, the appellant admits of having alienated the said apartment on 24/11/2014. Additionally, vide application dtd. 30/11/2015, the delay on part of the appellant herein in filing written statement was condoned conditionally on the payment of cost of Rs.50,000.00. However, the appellant did not pay the said costs and resultantly, the right to file the written statement stood forfeited.

(3.) The NCDRC proceeded to allow the complaint, vide order dtd. 17/2/2016. The operative part of the aforesaid order is reproduced hereunder: