DEEPAK JAIRAMDAS GULABANI Vs. PRATHESH DEVELOPERS

JUDGEMENT

(1.) The present Complaint is filed under Sec. 21(a)(1) of the Consumer Protection Act, 1986.

(2.) Case of the Complainants is that the Opposite Party No. 1 entered into a agreement with Opposite Party No. 2/ Society to develop a plot of land bearing City Survey No. F/111 and F/115, of Village Bandra, Taluka Andheri, within the registered district and sub-district of Mumbai Suburban situated on the 14th and 24th road, Khar (West), Mumbai- 400 052. On 25/3/2010, the society entrusted the work to Opposite Party No. 1. The Development Agreement was executed on 23/2/2011.

(3.) The Complainants purchased an office premises from Opposite Party No. 1, admeasuring 589 sq. ft. for a total consideration of Rs.82.00 lakhs, for carrying on professional activity. Allotment Letter, dtd. 2/10/2010, was issued by Opposite Party No. 1. The Complainants after a payment of Rs.23,50,000.00 to Opposite Party No. 1, were informed that on account of change in the Development Control Regulations, 1991, Opposite Party No. 1 was unable to handover possession of the office premises. In January, 2015, partner of Opposite Party No. 1, Mr. Nirav Shah, convinced the Complainants to transfer the earlier booking amount for a new residential unit and the Complainants agreed for the same. The Complainants were allotted Flat No. 704 on 7th Floor with carpet area measuring 528 sq. ft. in the building known as Ganga Jamna situated in plot bearing City Survey No. F/111 and F/115, of Village Bandra, Taluka Andheri, on 14th and 24th Road, Khar (West), Mumbai- 400 052 for aggregate consideration of Rs.1,85,00,000.00 payable as per the progress of the said project and as per instalments stipulated in Clause 6 of the Agreement. The Complainants were assured a vacant and peaceful possession of the Flat by 30/6/2015. Consequently, the Agreement for sale, dtd. 26/2/2015, was executed between the Complainants and Opposite Party No. 1. Prior to execution of the Agreement, the Complainants paid Rs.46,00,000.00 to Opposite Party No. 1. In addition to the said consideration, the Complainants also paid Rs.9,56,750.00 towards Stamp Duty and Registration Charges. The Complainants paid Rs.1,45,00,000.00 out of the total consideration of Rs.1,85,00,000.00. The Opposite Party No. 1 failed to deliver possession of the property by 30/6/2015, as per the clauses of the Agreement, or within the extended period of 6 months by 31/12/2015, without communicating any reason for delay. Alleging deficiency in service and unfair trade practice on the part of the Opposite Party No. 1, the Complainants filed the instant Consumer Complaint with the following prayer: