LAWS(NCD)-2019-9-6

JYOTI ZAVERCHAND GALA Vs. VILAS CHANDRAKANT GAONKAR

Decided On September 05, 2019
Jyoti Zaverchand Gala Appellant
V/S
Vilas Chandrakant Gaonkar Respondents

JUDGEMENT

(1.) The learned counsel for the complainant states that vide order dated 8.2.2019 passed in WP No.1658 of 2012 and WP No.457 of 2017, the Hon'ble Bombay High Court has issued some directions to MHADA in respect of the project of the plot to which this complaint pertains. He, therefore, requests that the complaint may be disposed of in terms of the prayers (a) & (d) of the prayer clause. He further submits that as far as the compensation is concerned, this Commission may award such compensation as may be deemed appropriate by it in the facts and circumstances of the case.

(2.) The OP namely, Mr. Vilas Chandrakant Gaonkar, sole proprietor of M/s Shree Swami Samarth Construction, purchased land bearing C.S. Survey No.1646 and 1/1646 Final Plot No.217, T.P.S. IV, of Mahim Division together with building known as Swami Samarth Kripa Building Nos.1 & 2 from one Yusuf Dawoodbhai Bracketwala, by way of a conveyance deed dated 28.4.2008. Thereafter, he got the plans for development of the said property approved from Municipal Corporation of Greater Mumbai (MCGM) on 14.10.2009. The Commencement Certificate was given to him on 27.10.2010. He then executed an agreement with the complainant for sale of flat No.1201 on the 12th floor of the proposed building known as "Samarth Heights", for a consideration of Rs.1,25,00,000/-. The entire sale consideration was duly paid to the opposite party. As per clause 32 of the agreement, the OP was to give possession to the complainant within 36 months from the final Commencement Certificate subject to all payments required to be made by the purchaser. A right was given to the flat purchaser to terminate the agreement in case of failure of the builder to give possession of the allotted flat. Since the possession of the flat was not given to him as per the terms of the agreement, the complainant has approached this Commission by way of this consumer complaint with the following prayers:-

(3.) The opposite party filed written version contesting the complaint and has taken a preliminary objection that the complaint was premature since the M.C.G.M had issued the Commencement Certificate on 27.10.2010 for carrying the construction only upto plinth level, whereas the Commencement Certificate for construction upto 10th floor was given only on 9.2.2012. It is further stated in the written version that as per the modified Development Control Regulations, the OP submitted plans for construction above the 10th floor which came to be approved on 10.11.2014 subject to deposit of Rs.64474700/-. The stand taken by the opposite party is that the period of 36 months will start from the grant of the final Commencement Certificate by the Corporation.