M. NAZEER AAHMED Vs. KISHOR KUMAR GOKALDAS

JUDGEMENT

(1.) This complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 alleging deficiency in service on the part of the opposite party no.1 in not handing over the possession of the flat booked by the complainant with OP no.1 in its project at K G Marina Bay, Chennai.

(2.) The facts, in brief, according to the complainant, are that as per the agreement between the complainants and OP no.1 dtd. 27/4/2006, Apartment no. 3B, 3rd Floor, K G Marina Bay, Chennai was to be constructed and handed over by the opposite party no.1 by 27/7/2008. As per the Agreement, the built up area of the said flat was 1865 sq ft including common areas and one reserved open sky car parking space and approximately 475 sq ft of private terrace. The sale consideration for the undivided share in the land was Rs.48,49,147.00. A sale deed (document no.2000/2006, SRO Mylapore, dtd. 26/6/2006) was registered with regard to 788.41 sq ft undivided share of the property located at Door no. 21 (Old no. 11), Custain Beach Road, Santhome, Chennai 600 004. The complainants state that as per the certified copy obtained, the sale deed mentions the consideration for the sale to be Rs.25,23,700.00 and not Rs.48,49,147.00 .

(3.) The complainants availed a loan for Rs.72.00 lakhs from opposite party no.2 which was remitted to opposite party no.1 on 27/7/2006. As the entire sale consideration of Rs.89,87,263.00 stood paid to the opposite party no.1, the complainants state that as per Clause 2 of the Agreement dtd. 27/4/2006, possession of the flat was required to be delivered on or before 27/7/2007 after completion of the formalities of obtaining completion certificate, water, property tax and electricity card in the name of the complainants. The complainant's state that in addition to the flat not being handed over as per the committed date, the flat in question is still incomplete for which an estimate of Rs.12.00 lakh was obtained by the complainants. The complainants averred that opposite party no.1 had made an unjust enrichment of Rs.45,65,207.00 which it was liable to pay to the complainants with regard to the collection of excess amount relating to undivided share of interest of Rs.23,25,447.00, pending works Rs.12.00 lakh, CMWSSB charges of Rs.5.00 lakh, maintenance charges of Rs.44,760.00 and loss of rent @ Rs.45,000.00 per month from 27/7/2007 till date, approximately Rs.4,95,000.00.