SUJEET JAIN Vs. DB REALTY LIMITED

JUDGEMENT

(1.) Heard Mr. Gopal Jain, Senior Advocate, assisted by Ms. Sonam Gupta, Advocate, for the complainant and Mr. Sukumar Pattjoshi, Senior Advocate, assisted by Ms. Swati Sinha, Advocate, for opposite party.

(2.) Sujeet Jain has filed above complaint for directing the opposite party to pay (i) Interest @21% per annum, on the total cost of Rs.31813151.00, for the delay in delivery of possession of the Flat No.-B-2201, (ii) Rs.20.00 lacs, as compensation, for mental agony and harassment and (iii) any other relief which may be deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. D B Realty Limited (the opposite party) was a company, incorporated under the Companies Act, 1956 and engaged in the business of development and construction of group housing building and selling its unit to the prospective buyers. The opposite party launched a project of group housing in the name of "Orchid Woods" (now named as "D B Woods") at Gokuldham, Goregaon East, Mumbai-400063, in the year 2009. The opposite party propagated and represented that the said project would be completed in all respect with amenities and possession would be handed over till 30/6/2011. The complainant was in need of a 4BHK flat in that locality for his own use. The complainant booked a 4BHK flat on 25/8/2011 and deposited booking amount of Rs.15.00 lacs on 25/8/2011 and 30/9/2011 through two cheques. The opposite party allotted Flat No.B-2201, carpet area 1609.59 sq.ft., total cost of Rs.29353100.00 on 30/9/2011. Out of remaining sale consideration, Rs.208.00 lacs was payable till 15/12/2011, Rs.18.00 lacs was payable till 15/3/2012 and balance amount of Rs.3853100.00 was payable at the time of offer of possession as per payment schedule supplied along with allotment letter. Agreement for Sale was executed on 26/12/2011. Vide clause-14 of the agreement due, date of possession was 30/6/2012. The complainant made timely payment of remaining instalments but the construction was delayed. The opposite party vide email dtd. 5/10/2013, informed that construction was completed and internal finishing work was in progress and possession would be delivered from January, 2014. The opposite party issued Letter for Possession dtd. 25/3/2015 and handed over possession on 21/4/2015. The opposite party did not give any compensation for delay in possession. Under the agreement, the complainant had to pay interest @21% per annum, if payment of the instalment is not made on due date as such the complainant was also entitled for same rate of interest on his deposit as compensation for delay in giving possession. The complainant filed CC/859/2017 and CC/860/2017, seeking compensation within the limitation as provided under Sec. 24-A of Consumer Protection Act, 1986, which were got dismissed on 19/4/2017, with liberty to file fresh complainants. Thereafter, this complaint was filed on 8/6/2017.