STERLING CONSTRUCTIONS Vs. GLADYS D'SOUZA

JUDGEMENT

(1.) These appeals are directed against the orders of the State Commission dated 17.03.2017 whereby the Consumer Complaints instituted by the respondents were allowed in terms of the directions given in the said order. The complainants/respondents booked residential apartments with the appellant in a project namely 'Sterling Apartments' which the appellant was to construct in Village Kurla of Mumbai Suburban District. The agreements between the parties were executed and the possession of the flats was to be delivered to the complainants within two years of the execution of the agreements. The possession having not been delivered to them, the complainants approached the concerned State Commission by way of separate Consumer Complaints seeking possession of the allotted flat alongwith interest @ 21% per annum in addition to compensation for the mental agony and harassment.

(2.) The complaints were resisted by the appellant which admitted the allotment made to the complainants. It was interalia stated in the written version that the complainants had defaulted in making payments but despite such defaults, no interest was charged from them. It was also stated that the construction was delayed on account of reasons beyond the control of the appellant.

(3.) Since there is a delay of more than one year in institution of these appeals, applications seeking condonation of the said delay have been filed by the appellant. The said applications, to the extent they are relevant, read as under: