PRAVIN PADMAKAR BANAVALIKAR Vs. SILVEX REALTY PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Shoeb Alam, Advocate, for the appellants and Mr. Rajesh Ved, Advocate for the respondent.

(2.) The complainant has filed above appeal against the order of Maharashtra State Consumer Disputes Redressal Commission, dtd. 28/9/2021, passed in CC/79/2012, dismissing the complaint and directing the parties to agitate their dispute before the Arbitrator appointed by the High Court, in Company Petition No.386 of 2011, by order dtd. 19/12/2012.

(3.) Pravin Padmakar Banavalikar (the appellant) filed CC 79 of 2012 for directing the respondent to (a) handover possession of Flat No.101, 1st Floor and Flat No.201, 2nd Floor in the building 'Tuscany Terraces-Lilium' at Village Dhamote, Taluka Karjat, District Raigad; (b) pay delay compensation @ Rs.1500.00 per day from 1/4/2009 till handing over possession; (c) complete the work, if any, and obtain 'occupation certificate' of the building 'Chelone-Tuscany Terraces' from the competent authority; (d) form and register cooperative housing society of the condominium of the apartments and execute the conveyance deed in favour of the society; (e) pay Rs.10.00 lacs, as compensation for mental agony and harassment etc.; (f) pay Rs.50000.00, as litigation cost; and (g) any other relief, which is deemed fit and proper in the facts and circumstances of the case. By an amendment, an alternative relief for refund of entire consideration, with interest @18% per annum from the date of respective deposit till the date of refund was claimed.