SHANE MIRANDA Vs. MANTRI DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) Heard counsel for both the parties.

(2.) Above complaint has been filed for directing the opposite party to (i) pay interest @ 18% per annum on the total deposit of the complainant of Rs. 5553681.00, (ii) pay compensation of Rs. 10.00 lacs for delay in providing the amenities, (iii) complete the project, hand over possession of the apartment allotted to the complainants and execute Sale Deed, (iv) pay Rs. 2.00 lacs towards failure to provide modular kitchen, (v) pay Rs. 10.00 lacs as damages for mental agony and harassment, (vi) pay Rs. one lac as litigation cost, (vii) bear increased registration charges due to delay in completing the project and (viii) other relief which may deem fit and proper in the facts of the case.

(3.) The complainants stated that Mantri Developers Pvt. Ltd. (opposite party-1) was a company registered under the Companies Act, 1956 and Mr. Sushil Mantri (opposite party-2) was its Managing Director. They were engaged in the business of development and construction of group housing project. The opposite parties launched a project in the name of 'Mantri Webcity' at Nagareshwara Nagenahalli and Kothanur Villages, K.R. Puram Hobli, Bangalore South Taluk in the year 2013 and made vide publicity relating to its amenities and facilities. The complainants were in need of a residence and believing upon the representation of the opposite parties, applied for an apartment and deposited the booking amount in the year 2013. The opposite parties, vide letter dtd. 31/8/2013, informed that they were allotted Unit no. APH-1307 in the project 'Mantri Webcity' and also offered a modular kitchen with the purchase of the said unit. Subsequently, the opposite parties executed an agreement to sell of an undivided share in the land and another agreement for construction on 11/9/2013. In Annexure B1 of the construction Agreement, the date of possession has been mentioned as 31/1/2015. The complainants opted for subvention scheme, in which, they had to pay part of the sale consideration and remaining sale consideration had to be financed by the Axis Bank and the opposite parties undertook to pay pre-EMIs till the offer of possession i.e. 31/1/2015. Inspite of the full payment, the opposite parties failed to handover possession of the apartment, complete in all respects as per specifications on due date. The opposite parties issued a letter dtd. 30/6/2016 and called upon to the complainants to take fit-out possession and do interior work in the apartment. Thereafter, the complainants, at their cost, did interior work of the apartment. The possession was taken on 1/7/2017. Even before completion of the project, the sale deed was executed in favour of the complainants on 9/12/2015. Now there is dispute in respect of delayed compensation and other consequential reliefs.