SANDEEP GROVER Vs. SAI SIDDHI DEVELOPERS

JUDGEMENT

(1.) Heard Mr. Santosh Goswami and Mr. Pawan Kumar Ray, Advocates, for the complainants and Mr. Rahul Malhotra, Advocate, for opposite party-1 and Mr. Himanshu, Advocate, for opposite party-2.

(2.) Maharashtra Housing and Area Development Authority (MHADA) constructed 3 individual buildings, numbered as Building Nos.3, 4 and 5 (consisting total 60 flats), on Survey No.7 and CTS No.27 at village Goregaon, Taluka Borivali at Siddharth Nagar, Goregaon (West), Mumbai. These flats were allotted to different persons, who formed Goregaon Pearl Co-operative Housing Society Limited (the society) on 25/1/1982 and get it registered under Maharashtra Cooperative Housing Societies Act, 1960. The MHADA leased the said buildings and land through lease deed dtd. 26/9/2006 and sold the buildings with land on the same day i.e. 26/9/2006 to the society. The society decided to redevelop above three buildings, merging it in two wings. Redevelopment plan as submitted by Sai Siddhi Developers (opposite party-1) (the developer) was approved in special meeting of general body of the society held on 18/6/2006. The society entered into Re-development Agreement dtd. 26/9/2007 with the developer and executed Power of Attorney in its favour. The developer get the building plan of new building sanctioned from Brihan Mumbai Municipal Corporation vide I.O.D. No.CHE/9942/BP(WS)/AP dtd. 16/8/2007, for ground + 15 upper floors for A-Wing and B-Wing. The developer obtained NOC from other departments for construction of the new building. As per Re-development Agreement, the developer had to allot 32 flats to the existing flat owners in A-Wing and 28 flats to existing flat owners in B-Wing and sell additional flats to prospective buyers. In the meantime, Development Control Regulation of Greater Mumbai, 1991 was amended in the year 2008, by which, permissible FSI was increased from 2.4 to 2.5 under Regulation-33(5). The developer deposited Rs.8.21 crores and applied for additional FSI, which was approved by the MHADA vide revised offer letter dtd. 25/8/2011. The developer submitted a revised building plan for approval, which was approved on 14/6/2012 and 28/11/2013. The developer advertised for sale of the flats falling in its share, on which, the complainants booked the flats, entered into agreement for sale and paid consideration but delivery of possession was delayed, due to which above complaints are filed.

(3.) Sandeep Grover and Jyoti Grover have filed CC/1710/2016, for directing Goregaon Pearl Co-operative Housing Society (opposite party-2) to handover possession of the flat, within stipulated period; and for directing SSD Escatics Pvt. Ltd. (opposite party-1) to (i) pay interest @12% per annum, on their deposit of Rs.15888175.00, from December, 2014 till its actual realization; (ii) pay Rs.6004315.00, the amount of Pre-EMI interest on their loan, as paid them to the bank; (iii) pay Rs.45000.00 per month from the date of booking till the date of delivery of possession towards rent paid by them; (iv) pay Rs.23270.00 per month from the date of booking till the date of possession, towards loss suffered by way Income tax rebate; (v) pay Rs.100000.00, as compensation for mental agony and harassment; (vi) pay Rs.100000.00 as litigation costs; and (vii) any other relief which is deemed fit and proper in the facts and circumstance of the case. The complainants stated that Sai Siddhi Developers (opposite party-1) (the developer) was a partnership firm, registered under Partnership Act, 1932 (now the partners incorporated SSD Escatics Pvt. Ltd. under Companies Act, 2013 and amalgamated the firm in it). The developer advertised for sale of flats in "Sai Goregaon Pearl Co-operative Housing Society Limited" at Siddharth Nagar, S.V. Road, Goregaon (W), Mumbai, in the year 2013. The developer approached the complainants in December, 2013 and convinced them for purchasing a flat in above project. Believing upon the representations of the developer, the complainants booked Flat No.902, B-Wing on 1/12/2013 and deposited Rs.500000.00. As per demand, the complainants further deposited Rs.1000000.00 on 7/1/2014, Rs.1000000.00 on 15/1/2014 and Rs.755000.00 on 15/1/2014. The developer executed an Agreement for Sale dtd. 19/3/2014, in favour of the complainants of Flat No.902, B-Wing, carpet area 1207 sq.ft. and one car parking for consideration of Rs.16275000.00. The complainants further deposited Rs.843800.00 on 19/3/2014 and Rs.11789375.00 on 31/3/2014 (total Rs.15888175.00). The complainants took loan of Rs.13431425.00 from HDFC Ltd. on 31/3/2014, for payment of the consideration. Clause-10 of the agreement provides for handing over possession on or before December, 2014. But the developer failed to handover possession on due date. The complainants made several calls and also personally visited to the office of the developer and inquired about the delivery of possession, then some tentative date used to be given. The complainants then gave a legal notice dtd. 15/6/2015 to the developer for handing over possession till 31/5/2015. In spite of service of the notice the developer did not respond. The complainants paid total Rs.6004315.00 as Pre-EMI interest to HDFC Ltd. on their loan and suffering loss of Rs.23270.00 per month as Income tax rebate and Rs.45000.00 per month as rent due to delay in possession.