DIPIKA PANDA Vs. PURAVANKARA LIMITED

JUDGEMENT

(1.) The brief facts as set out in the Complaint, are that the Complainant who was residing with her husband in U.A.E, entered into a Construction Agreement on 23.01.2014 with the Opposite Party Developer (hereinafter referred to as "the Developer "), namely, Puravankara Projects Limited (now known as Puravankara Limited) for purchase of a three Bed Room Apartment bearing No. SC-302 on the Third Floor in the SC Block/Wing of the Residential Complex known as "Purva Seasons ", to be constructed and developed by them on a Schedule A Property, i.e. the residentially converted property being Municipal No. 92, BBMP Ward No. 83, C.V. Raman Nagar, PID Number 83-53-92 of Bruhat Bangalore Mahanagara Palika, Bangalore (hereinafter to be referred to as "the BBMP "). It was represented and assured to the Complainant by the Developer that the Bangalore Development Authority (hereinafter to be referred to as "the BDA ") vide its Resolution dated 29.07.2011 has approved the Development Plan and BBMP vide L.P.No.29/2006-2007 (modified) dated 03.10.2011 has permitted the construction of multi-story Complex on the said Schedule A Property together with Parking Area, Common Areas, utilities and services for the beneficial enjoyment of the Occupants of Residential Apartments. Subsequent to the Construction Agreement, an Agreement for Sale was also executed between the parties on 23.01.2014 containing the details of the area of the booked Apartment No. SC-302, (i.e. Schedule B Property) and similar terms and conditions of the Construction Agreement. The total sale consideration of the Apartment was 74,06,628.00 out of which 13,16,415.00 were paid by the Complainant at the time of execution of the Construction Agreement and the balance amount was to be paid in instalments as per Construction Linked Plan. According to the Construction Agreement, the Apartment was to be constructed by the Developer as per the Sanctioned Plan and was to be handed over, complete in all respect, to the Complainant on or before 30.04.2016 or on intimation of possession whichever is earlier extendable by six months to complete the common areas and amenities subject to Clauses 5(a) and 12. The Clause 5(a) of the Construction Agreement states that on any default by the Complainant in making payment of any instalment of Cost of Construction and other charges on the respective due dates, the Opposite Party shall be at its sole discretion to continue with the Contract and claim the amounts in default/arrears with interest @2% per month from the date of default till date of payment and also for which they shall be entitled to a reasonable extension of time for delivery of the Schedule ' 'B " Apartment. The Clause 12 of the Construction Agreement provides that the date of handing over of the possession of the Apartment is subject to variation on account of force majeure or acts of God or Government Orders/Restrictions/Controls or any other strike including transport strike and other reasons which are beyond the control of the Developer. It is averred in the Complaint that possession of the Apartment was not handed over by the Developer to the Complainant by 30.04.2016 and despite repeated requests from May 2016 to February, 2018, there was no explanation/reason coming out from the Developer for the delay in handing over the possession. It is stated that all the instalments and applicable charges/taxes due were duly paid to the Developer even in advance and there was no breach of any condition of the Construction Agreement or Agreement for sale by them.

(2.) On 13.03.2018, after visiting the site, the husband of the Complainant wrote to the Developer that there were many snags in the Apartment and despite repeated emails there was no response from the Developer. He also requested for compensation for delay in handing over the possession of the Apartment on the part of the Developer. By email, dated 14.03.2018, the Developer fixed the date of inspection of site on 21.03.2018, however, the same was changed, time and again, and there was also no intimation regarding the actual date of handing over the possession despite the several emails sent by the Complainant to the Developer from March 2018 to July 2018. Further, vide letter dated 25.07.2018, the Complainant complained to the Developer about using of engineer wood in place of teak wood and low quality sanitary wares and materials in the construction. It was also alleged that specifications of the material used, were not providing to her despite repeated requests. Complainant requested the Developer to replace the low quality fixture and fittings with standard one and to pay the compensation for delay in completing the Project. The Complainant also stated that another Project called "Purva 270 " has been launched by the Developer on the Schedule A Property without obtaining necessary approval of the Development Plan from BDA and permission for construction of multi-story complex, i.e. "Purva 270 " from BBMP.

(3.) Vide email dated 31.07.2018, the Complainant complained to the Developer that they were not cooperating to her in inspection of the Apartment which was postponed again and again without any reason and caused hardship to her representative in Bengalore. According to the Complainant, despite making the entire payment as per latest Statement of Account dated 18.07.2018 issued by the Developer, they have failed to hand over the possession complete in all respects and as per specifications provided under the Construction Agreement and Agreement to Sale. The Developer is still not in position to inform the exact date of delivery of possession of the booked Apartment even the entire payment has been made. It is further stated that the Developer was charging interest @2% p. m on account of delay in payment of any instalment by the Complainant and as such they are equally liable to pay the same rate of interest on the amount deposited with them for the period of delay in handing over the possession. Hence, alleging deficiency in service on the part of the Developer in using sub-standard material in construction and in rectifying the snags in the Apartment, the Complainant has filed the present complaint with the following prayers:-