AKSHAT SHETTY Vs. LARSEN AND TOUBRO LIMITED

JUDGEMENT

(1.) This is a complaint u/s 13 (3B) of the Consumer Protection Act, 1986 (in short, the Act) on the grounds of deficiency in service and unfair trade practice alleging inordinate delay in delivery of possession of Flat No. 1002, 10th floor, Tower No. 8, Emerald Isle in the project Emerald Isle situated in Village Tungwa, Powai Estate, Mumbai, a project developed and executed by the Opposite Party.

(2.) In brief, the facts of the case are that the Complainants had booked an apartment in the said project of the Opposite Party admeasuring 1403.19 sq.ft. alongwith car parking space on 5/12/2014 for a total sale consideration of Rs.4,13,77,000.00. An Apartment Buyers' Agreement was registered on 20/1/2016 and as per Clause 23, the Opposite Party had agreed to hand over possession of the flat on or before 31/3/2017 with a grace period of six months. The complainants have averred that while they have paid an amount of Rs.3,26,00,000.00 as per the demands made by the Opposite Party under the Agreement as on 15/4/2016, possession of an apartment has not been offered yet. The complainants sent letters dtd. 12/6/2018 and 31/7/2018 seeking possession of the flat and since the same was not complied with by the Opposite Party, the present complaint was filed in November, 2018. It is admitted that the Opposite Party offered possession on 26/12/2018 after obtaining a partial occupation certificate and the complainants accepted possession on 11/2/2019 without prejudice by paying the balance consideration. The Complainants' prayer in the complaint is as under:-

(3.) In view of the possession having been accepted in February 2019, the Complainants have limited their prayer to seeking compensation for delay in delivery of possession from 1/4/2017 till 11/2/2019 on the amount of Rs.3,26,00,000.00 with interest @12% p.a. alongwith compensation of Rs.5,00,000.00 for mental agony, reimbursement of Rs.13,90,000.00 for rent on lease of apartment for residential purpose from April 2017 till February 2019 (amounting to Rs.11,50,000.00) and compensation for the months from November 2018 until February 2019 amounting to Rs.2,40,000.00.