SAJIT PISHARODI Vs. MERINO SHELTERS PVT LTD

JUDGEMENT

(1.) These complaints have been filed by the complainants, who were aggrieved by the acts and omissions of opposite party Merion Shelters Pvt. Ltd.. As the facts of these complaint cases are similar, they are being decided together. However, CC No.1377 of 2015 will be taken as lead case for the purpose of mentioning the facts and dates.

(2.) Brief facts of the case in CC No.1377 of 2015 are that the complainants were allotted flat No.E-401 in the project, namely 'Man Valley Vista" on 18.02.2010 and the total consideration of the flat was Rs.1,56,00,000/-. Complainants paid Rs.1,26, 00,000/-. It has been alleged in the complaint that the possession of the flat has not been handed over to the complainants so far. It has been further alleged that there was an order of the Municipal Authority to stop work, however, the opposite parties entered into the builder buyer agreement. The agreement with the complainants was in violation of the stop work order of the Municipal Authority. It has been prayed in the complaint that the opposite party may be directed to handover the physical possession of the fully developed and habitable flat within a reasonable time and to award compensation for late possession.

(3.) Vide order dated 10.11.2016 of this Commission the written statement filed by the opposite parties was not accepted as the same was not filed within statutory period. Accordingly, the complainants filed the evidence by way of affidavit.