JACOB THOMAS KADAKAMPALLIL Vs. SAHARA PRIME CITY LTD

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sections 21, read with Section 12(1)(c) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants, in the representative capacity, agitating their joint, personal as well as collective grievance against the Opposite Party, M/s. Sahara Prime City Ltd. (hereinafter referred to as the 'Builder' ) for the inordinate delay in handing over possession of the Flats booked by them in the Project launched by the Builder in the name and style of "Sahara Grace Kochi" in the year 2007 in Ernakulam, Kerala.

(2.) Initially, the Complaint Nos. 969 and 970 of 2016 were filed by the four Complainants combined together in each of the cases. Thereafter, I.A. No. 5330 of 2016 was filed on behalf of the Complainants U/S 12 (1) (c) of the Act seeking permission to file the Complaint on behalf of eights Complainants and also on behalf of several other similarly situated Consumers. Vide Order dated 16.05.2017, the said Application was allowed and permission was granted to treat the Complaint as a Joint Complaint on behalf of all the Allottees of the said Project. A notice was also directed to be published u/s 13(6) of the Act in the Newspapers. Accordingly, the amended Complaint along with Amended Memo of Parties was filed on 01.08.2016. Subsequently, I.A.Nos. 13167, 13168, 13169, 13632, 13633, 13634, 13635, 14580, 14581, 16641, 16642, 16643, 18761, 18769, 18795 were filed by the Allottee of the same Project seeking impleading in the matter.The Applications were allowed by this Commission and the Applicants were allowed to join the proceedings as Co-Complainants.

(3.) According to the Complainants, the facts of the case are that the Opposite Party Builder (Part of Sahara Group of Companies) launched its first Premium Luxury Residential Project in Kochi in the year 2007 under the name and style as "Sahara Grace Kochi" (hereinafter referred to as the Project ).The Builder has undertaken similar housing Projects in Lucknow and Gurgaon by the name of "Sahara Grade Lucknow" and "Sahara Grace Gurgaon"). In the Project, four Towers were to be constructed phase wise, ranging from nine to twenty four floors with modern amenities. In the first phase, Blocks B-1 and B-2 were to be constructed. Complainants allured by the wide publicity of the Builder, booked their respective residential flats in the said Project in Block B-1 and B-2 by the paying the initial booking Amount. Identical Allotment Letters containing the details of Flat booked, Floor on which the Flat/Apartment was located, unit area, price to be paid, payment plan etc. were issued to the Complainants. In the Allotment Letter, it was mentioned that the installment has to be made on or before 15 th day of the due month and in case of default, the interest @ 18% p.a would be charged for the delayed period.Further, in case of three consecutive defaults, the booking of Flat would be automatically cancelled. The possession of the booked Flats was promised to be delivered from January 2012 to December 2013. Several identical Agreements were also entered into between the parties in respect of their respective Flat/Apartment. As per Clause 3 of the Agreement, the final instalment amount was due and payable at the time of handing over the possession. According to the Complainants, during the period from August 2010 to December, 2013, there was hardly any construction activity on the work site. However, still the demands were made by the Builder for payment of instalments and the same were paid by the Complainants. Numbers of enquiries were made by emails/personal visits about the status of the construction of the Project from the Builder but no response. Hence, a criminal complaint was filed against the Builder in 2014 before the Thikkakara Police Station at Kochi. The officials of the Builder were arrested and produced before the High Court of Kerala. While seeking their bail, it was promised that the balance work of the Project would be completed within three months which was not done.