ANURAG SHUKLA & ANR. Vs. JAIPRAKASH ASSOCIATES LTD.

JUDGEMENT

(1.) The complainants mentioned hereinabove, are allottees of residential flats in a project namely Orbit Residency Park which the OPs namely Orbit Corporation Limited and Ahinsha Build Tech Pvt. Ltd. were to develop on the land of Old Orkay Mills Compound, near the then upcoming Sakinaka Metro Station in Andheri (East), Mumbai. The OPs allotted one residential flat to each complainant/complainants in the aforesaid project. The sale consideration inclusive of all charges is stated to have been agreed at Rs.89,92,585/-, Rs.92,25,420/-, Rs.89,84,830/-, Rs.91,31,450/-, Rs.90,60,746/- And Rs.99,24,144/- in CC No.130/2015, 166/2015, 167/2015, 541/2015, 679/2015 And 1168/2015 respectively. In addition to the aforesaid charges, the complainants were also required to pay taxes applicable from time to time. The aforesaid complainants claim to have already paid Rs.44,17,920/-, Rs.44,93,400/-, Rs.70,78,499/-, Rs.50,00,000/- And Rs.46,45,492/- respectively in CC No.130/2015, 166/2015, 167/2015, 541/2015, 679/2015 And 1168/2015 respectively to the OPs. The amount of tax payable upto 30.06.2017 at the then prevailing rate of 5.5% comes to Rs.2,42,985/-, Rs.2,47,137/-, Rs.3,89,370/-, NIL in CC/541/2015, Rs.2,55,502/- And Rs.3,43,750/- respectively whereas the amount of tax payable at the GST applicable w.e.f. 01.07.2017 comes to just Rs.5,48,960/-, Rs.5,67,842.5/-, Rs.2,28,760/-, nil in CC/541/2015, Rs.5,29,830/- And Rs.4,26,668/- respectively in CC No.130/2015, 166/2015, 167/2015, 541/2015, 679/2015 And 1168/2015.

(2.) In some cases, the OPs have executed the sale agreements with the flat buyers whereas in other cases, only allotment letters have been issued. The possession for the limited purpose of interiors and fit-outs was to be provided to the flat buyers within 36 months from the date of the second installment. Computed on the basis of the date on which the second installment was paid, the following were the dates agreed between the parties for making the flat available to the buyers for interiors and fit-outs. <FRM>JUDGEMENT_48_LAWS(NCD)7_2017_1.html</FRM>

(3.) The OPs having failed to complete the construction of the flats allotted to the complainants and having failed to offer possession for interiors and fit-outs, the complainants have approached this Commission by way of these individual complaints seeking primarily the delivery of possession of the flats in a time-bound manner alongwith compensation in the form of interest etc. They are also seeking the cost of litigation from the OPs.