AJAY A. SINGH Vs. CCI PROJECTS PVT. LTD

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Jha, Advocate, for the complainants and Mr. Sanjib Sen, Sr. Advocate, assisted by Mr. Dinesh Kumar Seth, Advocate, for the opposite party.

(2.) In above complaints, the complainants are home buyers in the project 'Rivali Park' launched by the opposite party. The complaints have been filed for possession, delayed compensation etc. During pendency of the complaints, the opposite party obtained 'Occupation Certificate' on 29/10/2016 and offered possession on 6/11/2016. The complainants took possession on 7/1/2017, after making payments as demanded by the opposite party. According to the complainants, now the reliefs for delay compensation and other consequential reliefs remain for consideration. On the other hand, the opposite party has filed IA/2548/2017, IA/2550/2017 and IA/2551/2017, for dismissing these complaints, on the ground that all the disputes between the parties have been settled out of Court through the separate deeds dtd. 7/1/2017, signed by the complainants. As similar issues are involved in these complaints, as such, these complaints are being decided by a common judgment.

(3.) Ajay A. Singh and Mrs. Seema A. Singh have filed CC/1492/2016, for directing the opposite party to (i) rectify the deficiencies in construction of the flat and give final possession to them; (ii) pay delay compensation in the form of interest @18% per annum on their deposit from due date of possession till the final possession; (iii) pay Rs.50000.00 as litigation costs; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case. The complainants stated that CCI Projects Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a group housing project in the name of 'Rivali Park', consisting of hotels, offices, shops, flats, duplexes, row houses, penthouses etc. at City Survey Nos.163A and 165, Village Magathane, Western Express Highway, Taluka Borivali, Mumbai, in the year 2005 and made wide publicity of its facilities and amenities. The said project had two wings and the residential wing was named as 'White Spring'. The complainants were in need of residence for themselves and were looking for it, in that locality. The complainants booked a 2BHK flat, in above project and deposited booking amount. The opposite party, vide Allotment letter dtd. 27/10/2010, allotted Flat No.14-F, saleable area approx. 1253 sq.ft., for basic consideration of Rs.10286170.00, Wing B, 'White Spring 1A', in project 'Rivali Park' to the complainants. Clause-18 of the Allotment letter provides 36 months from the date of commencement of the construction, for completion of the construction with grace period of six months. Annexure-1 of Allotment letter provides 'construction linked payment plan'. As per demand, the complainants deposited instalments regularly on time. The opposite party executed an Agreement dtd. 6/9/2011, in respect of above flat in favour of the complainants. By the time of the execution of the agreement, the complainants had deposited Rs.5143085.00. In Clause-17 of the agreement, due date of possession was mentioned as 'on or before September, 2013'. The opposite party, vide letter dtd. 10/9/2012, unilaterally changed the date of possession as August, 2014. The opposite party, vide letter dtd. 13/7/2014, again unilaterally changed the date of possession as second quarter of July, 2015. The complainants, through email dtd. 14/7/2014, expressed their anguish for unilaterally changing date of possession, again and again. The opposite party, through letter dtd. 15/4/2015, informed that the flat would be available for fit-outs by December, 2015 and final possession till February, 2016. Said dates have also expired but the opposite party did not offer possession. The complainants wrote letter dtd. 9/6/2016, for handing over possession with 'occupation certificate' and delay compensation. The opposite party offered to commence fit-out process in the flat from 1/7/2016, expecting final possession up to 30/7/2016, subject to issue of 'occupation certificate' and raised various demands, which were payable at the time of possession. The complainants visited the flat and noticed various deficiencies in construction of the flat, which were informed to the opposite party with request to remove the deficiencies. Under the agreement, there was no provision for fit-out possession. The opposite party did not pay compensation for delay in possession. Then this complaint was filed on 9/9/2016, alleging deficiency in service. The complainants filed Affidavit of Evidence of Ajay A. Singh and documentary evidence. The opposite party filed Affidavit of Evidence of Abhijit Barua and documentary evidence. Both the parties have filed their short synopsis.