SONALI CHANDIRAMANI Vs. MARVEL OMEGA BUILDERS PRIVATE LIMITED

JUDGEMENT

(1.) Heard Ms. Kawaljit Kochar, Advocate, for the complainants and Mr. Vijay Kumar, Advocate, for the opposite party.

(2.) Sonali Chandiramani and Chandru Chandiramani have filed above complaint, for directing the opposite party to (i) handover possession of flat C-301, Wing 'C' in the residential project, namely, Marvel Selva Ridge Estate, Pune in terms of the agreement; (ii) pay compensation of Rs.24658782.00 with interest @ 18% per annum from the due date of possession till realization, the for harassment, mental agony and other losses sustained by the complainants; (iii) pay additional expenditure that the complainants may have to bear due to proposed hike in the stamp duty for registration of sub lease and execute the lease deed in favour of the complainants; (iv) handover over possession of the apartment unit C-301 alongwith covered parking spaces CB03 and SC34; (v) handover possession of flat C-301 pending adjudication of the complaint and payment of Rs.3005000.00 as claimed by the opposite party may be kept in abeyance (vi) any other order as deemed fit and appropriate in the facts and circumstances of the case.

(3.) The complainants stated that they are allottees of a residential flat No.C-301, Wing 'C' in a group housing project, namely, Marvel Selva Ridge Estate, Pune which was to be developed by the opposite party. The opposite party is a private limited company incorporated under the Companies Act, 1956, having its registered office at 'Arthviswa', 4th Floor, Lane No.5, Koregaon Park, Pune-411001. The opposite party approached the complainant for purchase of the flat. In the brochure luxury specifications were mentioned like earmarked space for entrance, forest reserve, driveways, gates, continuous circular vehicular movement within the complex, playgrounds, swimming pool, gym, club building, dedicated covered parking spaces and EV charging points etc. Allured by the promises of the opposite party, the complainants booked the above flat in the project. On 7/3/2013, an agreement was also executed between the parties. As per agreement, the cost of the flat was fixed at Rs.20740625.00 which was to be made as per 'construction linked plan.' Possession of the flat was to be handed over by 31/12/2014. The complainants paid more than 90% of the consideration upto May, 2014. The opposite party failed to handover the possession within the stipulated period. The complainants visited the office of the opposite party several times (12/2/2015, 5/3/2015, 20/4/2015, 3/3/2016, 30/1/2017 and 17/9/2017) and also wrote emails for handing over possession. Every time the opposite party assured that the flat would be ready within a month or two. The opposite party, vide email dtd. 14/3/2018 informed the complainant that the flat is ready for handing over the possession. The complainants inspected the flat and found various deficiencies therein like poor quality of furniture, defective water pipes, broken tiles, corroded railings, ill fittings and fixtures etc. The complainants brought the said deficiencies to the notice of the opposite party, vide email dtd. 22/8/2018 but nothing was done by the opposite party upto December, 2018. The opposite party is demanding Rs.24.00 lacs before handing over possession of the flat, which is not in a habitable condition due to above deficiencies. The opposite party is also demanding Rs.605000.00 before possession. The opposite party has charged interest @ 18% for delay in making the payment by the complainants and other home buyers. The complainants sent a legal notice dtd. 18/2/2019 to the opposite party for deficiency in service and unfair trade practice. Then also the opposite party did not rectify the defects. Therefore, the complainants filed the above complaint on 10/6/2019.