ANSHUL AGARWAL Vs. SHREENIWAS COTTON MILLS LIMITED

JUDGEMENT

(1.) This consumer complaint under Sec. 21(1)(b)(i) of the Consumer Protection Act, 1986 (in short, the 'Act') alleges unfair trade practice and deficiency in service on part of the opposite party in completing the project as per the proposed plan and delay in handing over possession of a flat booked by the complainants within the promised time resulting in loss to the complainants who are therefore seeking refund of the amount deposited with compensation and other costs. This order will also dispose of two related consumer complaints CC No. 3582 of 2017 and CC 323 of 2018 filed by complainants who are family members of the complainants in the instant complaint pertaining to the same project and involve the same grievances and issues since they are based upon identical Agreements to Sell. For the purpose of convenience, the facts are taken from CC 3583 of 2017 which is taken as the lead case.

(2.) The facts, according to the complainants, are that they booked a 3 BHK residential flat in 'World One', a project promoted as an iconic residential building comprising 117 floors and the tallest residential building in the world with several unique and premier features. The booking was done on 10/2/2014 for which Rs.18,00,000.00 was paid on 26/2/2014 as booking amount. Flat No. 4001, East Wing, The World Towers, Upper Worli, Mumbai admeasuring 2044 sq.ft. carpet area was allotted on 30/9/2014 for a total sale consideration of Rs.14,41,90,530.00. Clause 1.3 defined the building to be 117 storied inclusive of several levels for parking. An Agreement to Sell (ATS) dtd. 23/12/2014 was registered with the Joint Sub Registrar of Assurance and as per clause 11.1 and 11.2 the opposite party undertook to obtain the occupation certificate and offer possession for the purpose of fit outs by 31/12/2015, with a grace period of 1 year from the date of such an offer. The opposite party failed to hand over possession inspite of payments being made in time and despite follow-up by the complainants. On 20/5/2016 the opposite party intimated that possession would be offered by the first half of 2017 since it had commenced offering possession in the tower called 'The World Crest'. Subsequently, vide letter dtd. 18/8/2017 the receipt of Occupation Certificate was conveyed although the construction was at a standstill since completion of the 80th floor. On 14/4/2017 the complainants sent a legal notice to terminate the ATS and refund the money paid including registration fees. The complainant asserts that as per the Statement of Accounts issued by the opposite party, Rs.13,06,59,748.00 or 87% of the sale consideration stood paid as on 10/6/2015, inclusive of stamp duty, registration fee and MVAT. The complainants state that the ATS dtd. 23/12/2014 had unfair terms and conditions and was biased against the complainant, especially clause 6.1 which entitled the opposite party to amend plans of the project without altering the carpet area. Alleging deficiency in service and unfair trade practice on part of the opposite party, the complainants are before this Commission with the prayer to:

(3.) Upon notice, the complaint was resisted by the opposite party by way of a written version. Averments of the complainant were denied while admitting the booking of the flat by them. Preliminary objections were taken that: