SHYAMAL BANDOPADHYAY Vs. RUCHI REALTY HOLDINGS LIMITED

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Shyamal Bandopadhyay has filed above complaint for directing the opposite parties to refund Rs. 12264457.00 with interest @18% per annum from 30/10/2013 till the date of payment; to pay Rs. one crore, as compensation for diminution of value; to pay Rs. 5000000/-, as the compensation for mental agony and harassment; cost of litigation and any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that RRHL Realty Limited (opposite party-1) was a company registered under the Companies Act, 1956 and Mahakosh Property Developers (opposite party-2) was a partnership firm. The opposite parties were engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. In the year 2013, the opposite parties advertised for the project in the name of "Active Acre". On coming to know about the aforesaid project, the complainant who was in need of residence, made inquiry from the opposite parties in respect of features and price etc. After settlement on consideration etc., both the parties entered into an agreement for sale dtd. 30/12/2013 for Unit -G in Tower-II of the project "Active Acre". As per Clause 5.1 of the Agreement, possession has to be delivered till 30/6/2015, unless prevented by force majeure as defined in Article XII of the Agreement, with grace period of six months. The complainant paid Rs. 12264457.00 i.e. about 98% of sale consideration at the time of agreement. However, the opposite parties were not able to complete the construction and deliver possession to the complainant, till 30/6/2016. The complainant, therefore, gave a legal notice to the opposite parties on 13/2/2018. After service of notice, opposite parties sent reply notice dtd. 13/2/2018 in which they stated that due to force majeure reasons, they were not able to complete the construction on due date of possession as mentioned in the agreement. Then, this complainant was filed on 3/8/2018.