MELWYN MENEZES Vs. KAMLA MAHESH DEVELOPERS

JUDGEMENT

(1.) Heard Mr. Pramod Kumar Parida, Advocate, for the complainant and Mr. Devesh Bhatia, Advocate, for the opposite party-3.

(2.) Melwyn Menezes, has filed above complaint, for directing M/s. Kamla Mahesh Developers (i) to complete construction, deliver possession and execute sale deed of Flat No.2403 (admeasuring 1800 sq.ft. a 3BHK flat), 24 th Floor in the building "Atlantis" at Goregaon-Mulund Link Road, Mulund, Mumbai, after taking balance consideration of Rs. 3660000.00 or alternatively (ii)to handover any other flat in the same vicinity, equivalent to Flat No.2403 (admeasuring 1800 sq.ft. a 3BHK flat), 24 th Floor in the building "Atlantis" at Goregaon-Mulund Link Road, Mulund, Mumbai, after taking balance consideration of Rs. 3660000.00 or alternatively (iii) to refund Rs. 19296000.00, being present market value of the said flat as per Stamp Duty Ready Reckoner of Mumbai, (iv) to pay Rs. 25.00 lacs, as compensation for monetary loss, mental agony and harassment, (iv) Rs. one lac, as cost of litigation and (v) any other relief which is deemed fit and proper in the circumstances of the case.

(3.) The complainant stated that M/s. Kamla Mahesh Developers (the developer) was a company, registered under Companies Act, 1956 and engaged in the business of development and construction of residential and commercial building and selling it unit to the prospective buyers. The developer launched a project of group housing in the name of "Atlantis" at Goregaon-Mulund Link Road, Mulund, Mumbai, and gave attractive advertisement. The complainant booked a flat through a broker and consultant in "Atlantis" and deposited Rs. 35/- lacs cash and Rs. 1350000/-through cheque on 5/7/2012 and he was allotted Flat No.2403 (admeasuring 1800 sq.ft. a 3BHK flat), 24 th Floor in the building "Atlantis" at Goregaon-Mulund Link Road, Mulund, Mumbai, for Basic Sale Price of Rs. 14904000/- at the rate of Rs. 8280/- per sq.ft. (out of total price, Rs. 8594000/- was payable in cash and Rs. 6310000/- was payable through cheque). The complainant again paid Rs. 3150000/- in cash and Rs. 1300000/- through cheque on 11/7/2012. The developer issued Allotment Letter on 12/2/2012 in which payment of Rs. 2650000/-, which was paid through cheque was mentioned. The complainant offered to pay balance of Rs. 1944000/-payable in cash and requested to execute an agreement for sale, for the said flat but the developer did not give any heed. The complainant made various queries in respect of start of construction. The developer for the first time, in July, 2013, informed that construction would commence in September, 2013. Thereafter, the complainant made several queries about start of the construction but no reply was given. The complainant visited the spot on 17/1/2014 and found that construction was not started. Then he met the developer in its office, who informed that certain approvals were still pending as such the construction could not be started. The complainant received an email dtd. 5/4/2014 of the broker, stating that the developer had offered to buyback the flat. Mr. Dinesh, the broker, gave another email dtd. 11/4/2014, stating that he had meeting with the developer on 10/4/2014, who had given an option to buyback the flat and the amount of the complainant would be refunded with interest @12% per annum within 3 months. The developer wrote letters dtd. 9/10/2014 and 5/11/2014, giving an option to buyback the flat and return the money with interest @17% per annum and payment would be made up to February, 2015. The developer also gave a cheque of Rs. 5/- lacs on 15/12/2014. The complainant lodged a complaint to Commissioner of Police, Mumbai through Embassy of India in Muscat against the developer. The complainant gave a legal notice dtd. 28/7/2015 to the developer, for returning Rs. 9300000/- with interest @17% per annum, which was served on 5/8/2015. But the developer did not reply to the aforesaid notice. Then the complaint was filed on 21/1/2016, complaining unfair trade practice.