MANZOOR BAIG S/O. MANSOOR BAIG, C/O. SHEIKH FAIMA NAYYER FAROOQUI, HOUSE NO. 510 ASHRAFI QAYAMGAH, DASRA ROAD, GADGE KA TAKA, BHUTIYA DARWAZA, MAHAL NAGPUR, MAHARASHTRA Vs. ARMAN DREAMS HOMES PVT. LTD. THROUGH AQUEEL S/O. ANWAR UL HAQ SIDDIQUI, OFFICE 804, JAMIA, ARCADE, MIRCHI BAZAR, BHANDE PLOT SQUARE, UMRED ROAD, NAGPUR, R/O. BEHIND KIRAN PHOTO STUDIO, NEAR WATER TANK, KILA ROAD, MAHAL NAGPUR, MAHARASHTRA

JUDGEMENT

(1.) This First Appeal, under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act"), by the Complainant, is directed against the order dated 27.1.2015 passed by the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Nagpur in CC/11/19. By the impugned order, the State Commission has dismissed the Complaint filed by the Petitioner, alleging deficiency in service on the part of the Respondent, a real estate developer, in failing to deliver the possession of the flat in terms of the sale agreement dated 14.3.2009 executed between the parties.

(2.) Under the said agreement, the Complainant had agreed to purchase from the Respondent a flat admeasuring 1,000 sq.ft. for a total consideration of Rs.22,00,000.00, in the building named and styled at 'Armaan Residency', located in Tehsil and District Nagpur. A number of flats, out of which the Complainant had to get one flat, were to be constructed on a property, admeasuring 2,700 sq.ft., originally owned by the Complainant along with 7 others in the 'Baig' family. In terms of the sale agreement, the Complainant paid a total sum of Rs.15,000.00, all in cash, in two instalments and the balance amount of Rs.17,85,000.00 was to be paid at the time of delivery of possession of the flat in question, which was expected to be delivered within 15 months from the date of the sale agreement.

(3.) Having failed to get the possession of the flat, the Complainant filed the Complaint, praying for a direction to the Respondent to execute the sale deed in respect of the aforesaid flat and payment of Rs.20,00,000.00 as compensation for non-performance of the contract along with interest at the rate of 12% p.a., till realization of the amount as also a further sum of Rs.1,00,000.00 towards damages for delay in delivery of the flat.