M/S. DESAI HOMES REP. BY ITS PARTNER V.R. DESAI, 1ST FLOOR, DD VASTRA MAHAL, MARKET ROAD, ERNAKULAM COCHIN Vs. AIJI JAMES & ANR. EALOOR HOUSE KAIPUZHA P.O. DISTRICT

JUDGEMENT

(1.) The complainants/respondents booked a three-bed room residential apartment along with a car parking, in a project which the opposite party was to develop at Vazhakkala in Ernakulam. The parties entered into an agreement dated 19.12.2006, incorporating their respective obligations. The consideration for the sale of the flat was agreed at Rs. 21,90,997/-. As per the terms of the agreement between the parties, the construction was to be completed the end of 2009. Since the possession of the flat was not offered to them even after expiry of the time period stipulated in the agreement, the complainants approached the concerned District by way of a complaint, seeking possession of the said flat, along with interest @ 24% per annum.

(2.) The complaint was resisted by the opposite party which admitted the agreement between the parties and also admitted that the possession was agreed to be delivered by Dec., 2009. It was claimed that the construction could not be completed on account of the natural calamities such as heavy rains, floods etc. It was also alleged that the complainants had not made payment in time and had also not paid the registration charges and stamp duty, for getting the flat registered in their name. It was also claimed that the Panchayat within whose jurisdiction the construction was going on, demanded huge permit fee which the opposite party challenged later before the High Court and then before the Honourable Supreme Court. It was also stated in the reply that the construction of the flat was now complete.

(3.) The District Forum, vide its order dated 21.12.2013, directed the opposite parties to hand over possession of the apartment to the complainants and also pay interest @ 12% per annum on the amount deposited by the complainants, with effect from 31.12.2009, till the date of delivery of possession.