MANOHAR R SOLANKI Vs. KONARK DEVELOPERS

JUDGEMENT

(1.) COMPLAINANT has booked a flat no.405 in 'C' Wing on 4th floor admeasuring 36.43 sq.mtr. carpet area in a constructed on the plot bearing old Survey No.377, New Survey No.75, Hissa No.4, Village Goddeo, Bhayander, Taluk and District Thane (hereinafter to be referred to as 'the said flat') for consideration of Rs. 7,35,000/ - with the opponents. Registered agreement was executed on 30/11/2006. Complainant paid Rs. 10,000/ - initially as token amount at the time of booking and Rs. 30,000/ - for registration and stamp duty and further paid Rs. 30,000/ - by cheque on 05/01/2007. Complainant applied for loan to Thane Bessein Catholic Co -operative Bank Ltd. Complainant is ready to pay remaining amount of Rs. 6,95,000/ -. Opponents have refused to accept balance amount from the complainant. Complainant received demand notice dated 04/11/2007 demanding Rs. 7,35,000/ -. Complainant approached opponents to extend the time for payment as all requisite documents were submitted to the bank as per letter dated 21/02/2007 and the bank required some time to sanction the loan. Complainant received legal notice dated 26/01/2008 from the opponents through their Adv.R.R.Jollani. Complainant through his Adv.Mahadeo A. Choudhari sent reply dated 04/02/2008 informing the opponent that bank authorities are in rapid progress for sanctioning the loan and the same may be completed within 6 to 8 weeks. Complainant was always ready and willing to pay the entire balance consideration of the said flat to the opponents after the sanctioning of the said loan. Complainant has contended that the opponents promised and assured the complainant at the time of execution of the agreement that the building will be ready within a period of 2 years and opponents will hand over possession of the said flat to the complainant by the end of the year 2007. Complainant thereafter following up with the opponent regularly and made efforts to meet the opponents number of times to enquire about the progress of the project but the opponents had avoided meeting with the complainant personally. Opponent every time gave promise of handing over the possession of the said flat within a short period. However, they failed to meet the commitments. Hence, complainant filed the present consumer complaint with the prayer that opponents be directed to accept the balance consideration of Rs. 6,95,000/ - from the complainant and hand over the possession of the flat no.405 to the complainant. Alternatively, complainant has prayed that the opponents be ordered to refund to the complainant an amount of Rs. 70,000/ - with 24% p.a. from the date of payment i.e. from 01/11/2006 till actual realization. Complainant has also prayed that the opponent be ordered to pay compensation of Rs. 10,00,000/ - as the opponents have failed and neglected to hand over possession of the said flat. Complainant prayed that the opponents be ordered to pay exemplary compensation of Rs. 5,00,000/ - for mental agony, harassment for the fear of loss of such hard earned money of the complainant. Complainant has further prayed that the opponent be ordered to pay Rs. 25,000/ - towards legal cost of the complaint and Rs. 5,00,000/ - for deficiency in service and unfair trade practice on the part of the opponents.

(2.) OPPONENTS have resisted the complaint by filing written version and admitted about the agreement. However, opponents contended that the complainant has miserably failed and neglected to make payments as agreed. Opponents have contended that as the complainant has not made payment as agreed, the agreement was terminated by the opponents and said flat was sold to other party. Opponents prayed for dismissal of the consumer complaint.

(3.) FROM the rival contentions of the parties and from the record and submissions before us, following points arise for our determination and our findings thereon are given as below: - i. Whether the opponents are guilty of deficiency in service and unfair trade practice? Yes ii. Whether the complainant is entitled for possession of the said flat on payment of balance consideration? Yes iii. Whether the complainant is alternatively entitled for Rs. 70,000/ - along with interest thereon @24% p.a.? Yes iv. Whether the complainant is entitled for compensation as the opponents have failed and neglected to hand over possession of the said flat and for mental agony & harassment for the fear of loss of hard earned money of himself? Yes v. Whether the complainant is entitled for legal cost of the complaint? Yes vi. What Order? As per order.