BELA MITTAL Vs. LOKHANDWALA KATARIA CONSTRUCTION PVT LTD

JUDGEMENT

(1.) The present consumer complaint has been filed by Ms Bela Mittal against the opposite party M/s Lokhandwala Kataria Construction Pvt., Ltd. It has been alleged in the complaint that the opposite party has not got any approval for the construction of the building, though the complainant has paid Rs.3,88,98,091/- against the total consideration of Rs.5,38,87,000/-. The booked property was allotted on 22.10.2010, and the due date for the possession of the flat was 14.06.2015. When there was no progress in the construction, the complainant sought refund of his paid amount vide letter dated 18.01.2016. The opposite party did not refund the amount nor responded and therefore, the complainant filed the present consumer complaint. In the complaint the following prayers have been made:

(2.) The complaint has been resisted on the grounds that the allotment was made in the name of Ms Bela Mittal and Mukesh Mittal and her husband Mr Mukesh Mittal had died in the year 2012, therefore, the question of LRs of Mukesh Mittal is to be decided first, if the money has to be refunded. Another ground that has been taken is that under Maharashtra Ownership of Flat (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act 1963 ('the MOFA') interest @ 9% per annum is allowed as per its section 8 in refunded cases, if the agreement is cancelled by the allottee. On some other grounds also it was requested that the complaint be dismissed.

(3.) The complainant filed rejoinder to written statement submitted by the opposite party. Both the parties have filed their evidence by way of affidavit which have been taken on record.