TREVOR DLIMA Vs. M/S. FORTUNE INFRASTRUCTURE

JUDGEMENT

(1.) Vide allotment letter dated 15.10.2011, OP No.1 which at that time was known as Hicon Infrastructure, allotted to the complainants, flat bearing No.202 on the second floor in 'A' Wing of a building which it was proposing to construct at C.T.S, No.F/1116 -A Village Bandra, St. Martin Road, Bandra (W), Mumbai. The proposed building was to be known as Hicons Onyx. The area of the flat sold to the complainants was to be 828.40 sq.ft. of usable carpet area inclusive of balcony and dry balcony. The total consideration of the flat was fixed at Rs.1,93,00,000/ - out of which Rs.20 lakhs were paid as Earnest Money Deposit. The balance amount of Rs.1,73,00,000/ - was payable in the following manner: -

(2.) It was agreed between the parties that they shall enter into an agreement for sale, a proforma of which was provided to the complainants. The possession of the flat was agreed to be given on the date to be stipulated in the agreement. The case of the complainants is that no agreement in terms of the aforesaid allotment letter came to be executed by OP No.1 in their favour. The complainants claim to have paid a total sum of Rs.1,87,00,000/ - to OP No.1. The case of the complainants is that despite having taken more than 95% of the sale consideration, the OP No.1 M/s Fortune Infrastructure (formerly known as Hicon Infrastructure) did not even start construction of the building in which a flat was sold to them. This is also their allegation that the OPs had committed breach of section 4 of the Maharashtra Ownership of Flats Act 1963, by accepting more than 20% of the sale consideration as advance payment without entering into a written agreement for sale. The complainants are, therefore, before this Commission seeking the following reliefs: -

(3.) The complaint was instituted against five persons, namely, M/s Fortune Infrastructure, Mr. Rafique Nazir Shaikh, Mr. Naazir Nisar Kazi, M/s Zoy Shelcon Pvt. Ltd. and Mr. Suyog Ramesh Shet. The name of OP No.5 was deleted by this Commission from the array of parties vide its order dated 8.9.2015.