P. DAVID WILDSON Vs. JANANI HOMES PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Syed Hasan Isfahani, Advocate, for the complainant and Ms. Anusha Nagarajan, Advocate for the opposite party.

(2.) P. David Wilson has filed above complaint for directing the opposite party to (a) deliver the possession of Villat No.27, Janani's Srinivasam at Form Groove Shrinivasa Nagar, Kazhipattur Village, Chengalpattu Taluk, Kancheepuram District, as per agreement; (b) repayment of amount of Rs.5040000.00 to the complainant; (c) pay interest @ 18% p.a. against the principal amount to the tune of Rs.3467168.00, till October, 2016; (d) pay Rs.1425000.00 as rent compensation to the complainant (e) pay Rs.15.00 lacs to the complainant for mental harassment, torture and deficiency in service; (f) pay Rs.517500.00 as compensation for loss of income tax benefit to the complainant from 2013 to 2017; (g) deposit an amount of Rs.5.00 lacs in the National Commission welfare fund; (h) pay Rs.100000.00 towards litigation cost; and (i) any other order which this Commission deems fit in the facts and circumstances of the case.

(3.) The complainant stated that the opposite party is a company incorporated under the provisions of Companies Act, 1956. The opposite party was developing a project in the name of Groovy Woodz @ Janani's Srinivasam at Farm Groove Shrinivasa Nagar, Kazhipattur Village, Chengalpattu Taluk, Kancheepuram District. The opposite party approached the complainant for purchase of an independent villa in the said project and promised that it will make arrangement for rental income of Rs.75000.00 per month after handing over the possession. Allured by the representation of the opposite party, the complainant booked a villa in the said project, vide agreement dtd. 28/11/2012 and paid an amount of Rs.3194544.00. The consideration of the villa was fixed at Rs.15249458.00 for 2542 sq. ft. and the payment was to be made as per construction linked plan. As per clause 2 (g) of the agreement, possession of the villa was to be handed over within 15 months from the date of the sale to be executed. As per agreement, 30% of the sale consideration was to be paid at the time of registration of the plot. The complainant had taken house loan from HDFC Bank and paid an amount of Rs.80.00 lacs to the opposite party vide cheque dtd. 9/12/2013. On 12/12/2013, the opposite party executed sale deed in favour of the complainant of the plot measuring 1800 sq. ft. for a total consideration of Rs.45.00 lacs. The complainant has paid a total amount of Rs.14446544.00 till 1/7/2015. Opposite party is liable to refund the excess amount with interest @ 18% p.a. Possession was to be handover by March, 2015 but the opposite party failed to handover the possession till June, 2016. Counsel for the complainant has relied on the judgment of this Commission in J.L. Sethi vs. Senior Citizen Home Complex Welfare Society in RP/3129/2005 and submitted that the complainant is entitled for delayed interest @ 18% p.a. On 25/7/2016, the complainant sent a legal notice to the opposite party demanding interest for delayed possession and rental income as also compensation for harassment and mental agony. The complainant has also incurred loss of Rs.1425000.00 @ Rs.75000.00 per month due to loss of rental income as promised by the opposite party. Alleging deficiency in service on the part of the opposite party, the complainant has filed the above complaint on 18/11/2016.