ZAINUB BAI Vs. EAST & WEST BUILDERS

JUDGEMENT

(1.) The complainant in CC/1356/2017, namely, Madhavi Ohri booked a residential apartment with the OP in a project, namely, 'RNA Metropolis' which the Opposite Party was to develop off P. D'Mello Road, D.J. Mahajani Path, Sewri(W), Mumbai. A residential flat in the aforesaid project was allotted to her on 22.12.2011 for a consideration of Rs.18742403/-.

(2.) The complainant in CC/1118/2016, namely, Sai Giridhar booked a residential apartment in the same project and an apartment was allotted to him on 13.2.2013 for a consideration of Rs.31497270/-.

(3.) The complainant in CC/1117/2016, namely, Mrs. Zainub Bai also booked a residential apartment in the aforesaid project which was allotted to him on 14.10.2014 for a consideration of Rs.30112125/-. Allotments letters were issued to the complainants on different dates and they also made part payment to the OP. The payment made by them was 25% or more in every case, the said amount being Rs.4806255.23/- in CC/1356/2017, Rs.81,17,634/- in CC/1118/2016 and Rs.7760647/- in CC/1117/2016. No specific time period for delivery of the possession of the flats was stipulated in the allotment letters but according to the complainants, the possession was promised to be delivered within 42 months from the allotment. The case of the complainants is that the completion of the construction is nowhere in sight despite several years from the date of allotment having already expired. According to the complainants, no work is presently going on at the site. The learned counsel for the OP maintains that the work is going on. Being aggrieved, the complainants are before this Commission with the following identical prayers:-