HARSH MALHOTRA Vs. HOUSING DEVELOPMENT AND INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the OP in a building namely 'Metropolis' which the OP was construct in C.T.S. No. 866/B, Village Ambivali, Andheri (West), Mumbai. Flat No. 2202 on 22nd Floor in B Wing of the said building and having saleable area of 96.65 sq.mtrs. was allotted to them for a consideration of Rs.1,26,24,030/- exclusive of maintenance deposits, parking charges etc. The terms of the transaction executed between the parties were incorporated in the Agreement for Sale dated 10.06.2009. Clause 6 of the agreement which referred to delivery of the possession of the premises, reads as under:-

(2.) The primary grievance of the complainants is that the possession of the allotted flat has not been offered to them despite they having already paid Rs.12623996/- to the OP. The complainants are also disputing the demand of maintenance charges by the OP besides seeking refund of the amount of Rs.431961/- collected towards VAT and Rs.163914/- towards interest on the VAT. This is also the case of the complainants that the OP constructed a building consisting of 31 storeys as against the proposed building of 27 storeys at the time the agreement was executed between the parties. The complainants are, therefore, before this Commission with the following prayers:-

(3.) The OP did not file its written version despite service and, therefore, its right to file the sale written version was closed vide order dated 20.4.2018.