ANJALI KIRAN PATIL Vs. JITENDRA N. MEHTA

JUDGEMENT

(1.) This is once again a builder buyer dispute where the complainants/flat buyers have come up alleging that the Opposite Party promised a flat on the 8th Floor in a project known as Mahalakshmi Building, Hindu Colony, Dadar (East), Mumbai-14. The Opposite Party failed to deliver the premises or even construct the same during the intervening period. The complainants had paid a sum of Rs.93,83,000.00 (Rupees Ninety three lakhs eighty three thousand) in the year 2012. The Opposite Parties failed to respond and as such complaint was filed on 17/4/2014.

(2.) The Opposite Party has come up with a clear case that, with the change of plan and building construction rules, the Opposite Party is unable to construct the 8th Floor. It is for this reason that it was urged by the counsel for the Opposite Party that refund can be allowed as noted in the order of this Commission in its order dt.30/8/2023 extracted in para 6 of this order.

(3.) The Complainant has come up with a plea that as on date it will not be possible, even if the amount is refunded, to purchase another flat for the same price in the same locality and therefore learned Counsel for the Complainant Mr. Prabhavalkar submitted that the relief prayed for in Clause 'a' be granted or alternatively the relief prayed for in Clause 'b' be granted directing the Opposite Party to acquire a suitable flat admeasuring 900sq.ft. carpet area in the vicinity of the building. The relief prayed for in paragraph 32 are extracted herein under :