HOUSING DEVELOPMENT & INFRASTRUCTURE LTD Vs. MAUREEN PEREIRA

JUDGEMENT

(1.) The complainants/respondents entered into separate agreements with the appellant whereunder separate residential flats in a building known as 'Premier Residencies' on S.R.A. Plot no. 17, Sub-urban Scheme no. 1, Village Kurla- II were to be constructed and sold to them. As per the agreement executed between the parties, the possession of the said flats was to be delivered to the complainants by 31.12.2011. The possession having not been delivered, the complainants/respondents approached the concerned State Commission by way of separate consumer complaints.

(2.) The complaints were resisted by the appellant primarily on the ground that the restrictions were imposed by the Government of Maharashtra on excavation of sand vide its Order dated 25.10.2010. The said notification was challenged before the High Court of Bombay and some directions were issued by the High Court to the Government of Maharashtra on 12.01.2011. It was also stated in the written version filed by the appellant that though the possession was offered to the complainants, they had refused to accept the same.

(3.) The State Commission allowed the complaints and directed as under:- "