SHELTER MAKER (I) PRIVATE LIMITED Vs. AJIT KUMAR

JUDGEMENT

(1.) Heard Ms. Neha Khera, Advocate, for Ajit Kumar and Sanjeev Bhalla, and Mr. Nalin Majithia, Advocate and Mr. D.T. Pandey, Advocate, for M/s. Shelter Makers (I) Pvt. Ltd., in both the appeals.

(2.) Aforementioned the appeals have been filed from the order of State Consumer Disputes Redressal Commission Maharashtra, Mumbai, dtd. 25/2/2015, passed in Consumer Complaint No. 103 of 2012, partly allowing the complaint and directing the complainants to pay the balance amount of Rs.439075.00 to M/s. Shelter Makers (I) Pvt. Ltd., within 45 days. On deposit of the aforesaid amount, the opposite parties were directed to hand over vacant and peaceful possession of the shop Unit 505, admeasuring 965 sq.ft. of built up area, on fifth floor of Sale Building No. 1, known as Poonam Plaza, Manjrekar Wadi, Andheri, Ghatkopar Road, Andheri (East), Mumbai to the complainants.

(3.) Ajit Kumar and Sanjeev Bhalla (the appellants) filed Consumer Complaint No. 103 of 2012 for directing the opposite parties, (hereinafter referred to as the builder) (i) to accept the balance amount of Rs.439075.00 and hand over vacant and peaceful possession of the Unit 505, on fifth floor of Sale Building No. 1, complete in all respect, as per agreement dtd. 16/3/2005, within stipulated period (ii) to pay an interest @18% per annum on Rs.2938425.00 from 1/1/2006 till handing over possession (iii) to obtain "Completion Certificate" and "Occupation Certificate" of the building (iv) to Pay Rs.500000.00 as compensation for mental agony and physical harassment and Rs.50000.00 as cost of the litigation and (v) any other relief which may be deemed fit and proper, in the circumstances of the case, be passed.