SANGEETA VINOD DESHANI 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.) Above complaints have been filed for delay compensation and consequential reliefs and the complainants are home buyers in the project 'Rivali Park' launched by the opposite party. As such these complaints are being decided by a common judgment.

(3.) Sangeeta Vinod Deshani and Vinod Dharamdas Deshani have filed CC/1453/2017, for directing the opposite party to (i) decree the present complaint in favour of the complainants; (ii) declare that the undertaking forcibly taken by the opposite party is illegal and void and to direct the opposite party not to insist upon such an undertaking; (iii) rectify the deficiencies in construction of the subject-flat and to give final possession of the subject flat; (iv) pay interest @18% per annum on the subject value of the flat from August 2014 till the actual date of delivery; (v) award an interest of 18% per annum from the date of the complaint till actual payment; (vi) pay Rs.50000.00 as costs of litigation; and (vii) 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 on 15/3/2010. The opposite party allotted Flat No.12-B, saleable area approx. 781 sq.ft., for basic consideration of Rs.9411750.00, Wing B, 'White Spring', 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 complainant deposited instalments regularly. The opposite party, vide letters dtd. 19/3/2012 and 7/5/2012 informed that construction was being delayed. The opposite party, vide letter dtd. 10/9/2012, informed that the construction was undertaken with full spring and possession would be handed over till August, 2014. The opposite party executed an Agreement dtd. 2/7/2013, in respect of above flat. By the time of the execution of the agreement, the complainants had deposited Rs.7058815.00 and balance amount was payable at the time of offer of possession. In Clause-17 of the agreement, due date of possession was mentioned as 'on or before August, 2014'. The opposite party, vide letter dtd. 15/4/2015, again unilaterally changed the date of possession as February, 2016. The opposite party, through letter dtd. 26/4/2016, offered to commence fit-out process in the flat from 6/5/2016, 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 deposited the demanded amount. The complainants, vide letter dtd. 15/7/2016, sought for permission of the opposite party for carrying out interior works. The opposite party, vide letter dtd. 9/8/2016, informed that 'occupation certificate' had not been issued and granted permission for carrying out interior works on various conditions. The opposite party obtained 'Occupation Certificate' on 29/10/2016 and offered possession on 6/11/2016 along with final demand of Rs.100000.00 as club house charges, Rs.168452.00 as advance maintenance charges, Rs.40970.00 as service tax and Rs.21104.00 as interest. The complainants again deposited above amounts. The opposite party wrote a letter dtd. 17/11/2016, for completing documentations for taking possession, which included a deed in which it has been mentioned that all the claims between the parties have been settled finally. As the opposite party did not pay any amount for unreasonable delay, the complainants raised their protest for signing that paper. The opposite party then wrote a letter dtd. 2/1/2017 that all the basic amenities i.e. water and electricity supply etc. would be stopped from 1/1/2017. The opposite party prepared another format of settlement deed-cum-indemnity bond on 4/1/2017. Finding no way, the complainants signed that document and took possession on 7/1/2017. Although possession was unreasonably delayed but opposite party did not pay compensation for delay. Then this complaint was filed on 19/5/2017. The complainants filed Affidavit of Evidence of Sangeeta Vinod Deshani and documentary evidence. The opposite party filed Affidavit of Evidence of Abhijit Barua and documentary evidence. Both the parties have filed their short synopsis.