SARASWATI DURGAPRASAD BHADOURIA Vs. SEA PRINCESS REALITY

JUDGEMENT

(1.) Heard Mr. Gautam Dhamija, Advocate, for the complainants and Mr. Mohit D. Ram, Advocate, for the opposite parties.

(2.) Above complaint has been filed for directing the opposite parties to (i) hand over possession of Flat no.204, 2nd floor, "Gundecha Premiere" situated at Thakur Village, Kandivali (East), Mumbai-400101, (ii) pay rent of Rs.654000.00, for the period from 7/7/2014 till 6/7/2016, (iii) pay Rs.2000000.00, as loss of appreciation of the property, (iv) pay Rs.1500000.00, as compensation for mental agony and harassment, (v) pay Rs.1500000.00, for emotional trauma, (vi) pay Rs.3500000.00 as punitive damages and (vii) pay interest on the above amount @24% per annum compounded quarterly or alternatively, direct the opposite parties to pay consolidated sum encompassing all the above totalling to Rupees Three Crores with interest @24% per annum compounded quarterly.

(3.) The complainants stated that opposite party-1 was a partnership firm and other opposite parties were its partners. They were engaged in the business of development and construction of group housing projects. The opposite parties launched a group housing project in the name of "Gundecha Premiere", at CTS No.168/10 and 168/11, Village Megathane, Sub Plot No.D-2, situated at Thakur Village, Kandivali (East), Mumbai in the year 2010 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite parties, the complainants booked a flat in the above project on 18/9/2010 and deposited the booking amount of Rs.10.00 lacs. The opposite party allotted Flat no.204, carpet area 937 sq. ft. for a total consideration of Rs.10394100.00 in above project. Thereafter, the complainants deposited Rs.521615.00 at the time of execution of agreement. The opposite parties executed an agreement to sell on 12/5/2011. The complainants applied for loan to HDFC Bank. HDFC Bank sanctioned loan of Rs.13000000.00 on 9/3/2011. However, subsequently, the loan was not disbursed by the bank on the ground that the papers relating to the project were unclear and non-approval of the property which is situated in red zone. In the meantime, the opposite parties issued demand letters for payment of the instalments. The complainants paid Rs.311824.00 through cheque dtd. 23/7/2011 and Rs.623646.00 through cheque dtd. 16/9/2011. Although the complainants approached various other financial institutions for sanction of the loan but all the financial institutions demanded approved layout plan and commencement certificate which has not been supplied by the opposite parties. The opposite parties terminated the agreement vide letter dtd. 1/3/2012. The complainants again paid Rs.500000.00 on 27/11/2012, Rs.500000.00 on 13/12/2012, Rs.500000.00 on 16/5/2013, Rs.1700000.00 on 4/6/2014, Rs.1192682.00 on 6/4/2014 and Rs.107318.00 on 6/4/2014. On pursuance of the complainants, Axis Bank sanctioned a loan of Rs.4394960.00 but again, due to defect in the title of the project, the loan was not disbursed. The complainants visited the office of the opposite parties on 4/2/2015 and enquired about the completion of building and handing over of possession. The opposite parties informed that the price has been enhanced from Rs.1.20 Crores to Rs.1.53 Crores although the work was not complete even at that time. The complainants then gave a legal notice on 23/4/2015 asking the opposite parties to hand over possession of the flat along with delayed compensation. In spite of service of legal notice, the opposite parties did not give any reply. Then this complaint was filed on 30/5/2016.