LAWS(NCD)-2022-10-42

ARIF NOOR MOHAMMAD SHAIKH Vs. EXCELLENT REALTOR DEVELOPERS

Decided On October 11, 2022
Arif Noor Mohammad Shaikh Appellant
V/S
Excellent Realtor Developers Respondents

JUDGEMENT

(1.) Heard Ms. Remya Ronald, Advocate, for the complainants and proxy counsel for the opposite party.

(2.) Above complaint has been filed for directing the opposite party to (i) hand over the possession of the Flat no.1202, in building "Ozone Residence" at C.S.No.227, next to Maharashtra College, M.H. Compound, Bellasis Road, Byculla, Mumbai, failing which the opposite party be directed to refund the entire amount of Rs.11200000.00 along with interest @18% per annum; (ii) Rs.75000.00 per month as compensation for rental loss from 2010 till the date of refund; (iii) Rs.10000000.00 as compensation for physical harassment and mental agony; (iv) Rs.5000000.00 as penal compensation for indulging in unfair trade practices;(v) Rs.200000.00 as cost of litigation; (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) By order dtd. 13/8/2019, the complainants were permitted to amend the complaint, by which the relief for refund along with ancillary relief have been claimed. Amended complaint has been filed by the complainants on 1/11/2019.