TATA HOUSING DEVELOPMENT COMPANY LTD. Vs. SANJIV MAHENDRU

JUDGEMENT

(1.) The present Appeal has been filed against the Order dtd. 4/2/2019 passed by the Maharashtra State Consumer Disputes Redressal Commission (hereinafter to be referred to as "State Commission" ), whereby the Complaint filed by the Complainant was partly allowed and the Appellant Company was directed to hand over the possession of Flat No. 004 consisting of 3 BHK small, admeasuring 107.77 sq. mtr., Ground Floor, Block No. B-II-5, Sector A-5, East Facing door, corner Flat, ground floor facing park with open car parking space no. 619 in the project, New Haven, to the Complainant within a period of two months from the date of the order, along with 25,000/- as cost and pay interest to the Complainant at the rate of 9% per annum on the amount of 22,25,000/- from 1/7/2012 till handing over the possession of the Flat.

(2.) Brief facts of the case as narrated in the Complaint are that the Sanjiv Mahendru (hereinafter referred to as the Complainant) had booked a residential flat (3BHK Small) on Ground Floor in the project "New Haven" proposed to be constructed by Tata Housing Development Company (hereinafter referre to as Opposite Party/Appellant) at Mumbai by paying a booking amount of 50,000/- on 10/8/2009, subsequent thereto, vide letter dtd. 26/9/2009, Complainant was allotted residential Flat No.004, measuring 107.77 sq. mtr. i.e., 1160 sq. ft. built up area, on Ground Floor, Block No. B-II-5, Sector A-5, with open car parking space No. 619 in the said Project. Pertinently, as per the master plan annexed with the allotment letter, the location of the unit was earmarked as "As per your preference, east facing door, corner flat, ground floor, facing park" .

(3.) Agreement for sale was executed between the Parties on 18/6/2010, wherein the total sale consideration of the unit was stated to be 22,25,000/-. The Complainant had stated to have taken home loan from HDFC Limited via Home Loan Agreement dtd. 1/10/2010 whereby an amount of 12,00,000/- was sanctioned to the Complainant.