AMBIKA LAND DEVELOPERS Vs. RAJPAL LAXMAN RAUT

JUDGEMENT

(1.) Heard Ms. Kalyani Dilip Bhide, Advocate, for the appellant.

(2.) Above appeal has been filed from the order of Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench Nagpur, dtd. 22/7/2022, passed in Consumer Complaint No.4 of 2018, partly allowing the complaint with cost of Rs.50000.00 and directing the appellant to handover possession of Plot Nos. 11-B and 30-B, as per pre-revised layout plan or Plot Nos. 32 and 30 as per revised layout plan, located at Namdeo Nagar, Mouza Lava, i.g.u. 4, Khasra No.40, tehsil Nagpur Gramin, district Nagpur, after taking balance sale consideration of Rs.28770.00 from complainant-1 and Rs.58743.00 from complainant-2, along with interest @6% per annum from 21/1/2010 and approved development charges @Rs.63.00 per square foot and execute the sale deed in their favour or in alternative handover two plots of equal size in same locality at the option of the complainants accepting balance consideration as mentioned above or in alternative refund the price of the plots @Rs.600.00 per square foot of its area as allotted to the complainants with interest @9% per annum from the date of filing of the complaint till the date of refund, pay Rs.200000.00 as the compensation for mental agony and harassment with default clause for the interest.

(3.) Rajpal Laxman Raut and Smt. Renuka (the respondents) filed CC/18/4, for directing the appellant to (i) handover possession of Plot Nos. 11-B or 84-B and 30-B, as per pre-revised layout plan or Plot Nos. 32 and 30 as per revised layout plan, located at Namdeo Nagar, Mouza Lava, i.g.u. 4, Khasra No.40, tehsil Nagpur Gramin, district Nagpur, after taking development charges and execute registered sale deed of above plots in favour of complainant-1 and complainant-2 respectively; or in alternative (ii) refund Rs.2323409.00, i.e. current price of the plot @Rs.600.00 per square foot with interest @15% per annum from due date of possession till the date of refund; (iii) pay Rs.200000.00, as compensation for mental agony and harassment; (iv) pay Rs.50000.00 as litigation costs; and (v) any other relief which is deemed fit and proper in the facts of the case. The complainants stated that M/s. Ambika Land Developers Nagpur (the opposite party) was a partnership firm and Late Namdeo Laxmanrao Dhandale was its sole partner/proprietor. The opposite party launched a group housing project of plotted colony in the name of 'Namdeo Nagar', at Mouza Lava, i.g.u. 4, Khasra No.40, tehsil Nagpur Gramin, district Nagpur and made wide publicity of it. The complainants booked Plot No.11-B (area 176 Sq. meters) and Plot No.30-B (area 183.75 sq. meters, (both in Block-B as per layout plan of the opposite party) and paid Rs.160000.00, which was full consideration of both the plots. Later on the opposite party issued letters dated 12.062014, 2/9/2014, 2/10/2014 and 7/11/2014, demanding development charges @Rs.60.00 per square foot with warning to cancel the allotment, if development charges were not deposited. The complainants used to assure the opposite party to give development charges at the time of handing over possession and execution of the sale deed of the plots. The opposite party used to extend the date of execution of sale deed and delivery of possession on the pretext that layout plan of the project had not been approved by the authority. Namdeo Laxmanrao Dhandale fell ill during the year 2015 and continuously remained ill and died on 5/7/2016 then his wife Smt. Geeta Namdeo Dhandale and his son Ashish Namdeo Dhandale have become partners of the opposite party. After falling ill of Namdeo Laxmanrao Dhandale, Ashish Namdeo Dhandale started looking after the affairs of the opposite party. When the complainants wrote emails to him, inquiring date of handing over possession and execution of the sale deed, he started demanding development charges @Rs.180.00 per square foot on the pretext that the project had come within the limits of Nagpur Metropolitan Development Authority region and development charges had been enhanced. The complainants came to know through other allottee of the plot in the project, who had obtained information under Right to Information Act, 2005 that development charge of the project land had not been enhanced. In the meantime, the opposite party at its own level revised the map time to time and firstly allotted Plot No.84-B and subsequently Plot No.32 for Plot No.11-B. The complainants throughout showed their willingness to pay development charges and even extra price of the plots at the time of execution of the sale deed and possession. Then the complaint was filed on 11/1/2018.