ANIL SHANTILAL GANDHI Vs. SAHARA PRIME CITY LTD

JUDGEMENT

(1.) The complainant booked a residential unit No.V5/389 with the opposite party in a project, namely, Sahara City Homes at Nagpur. The sale price of the said unit was Rs.1,48,00,000/- which, after senior citizen's discount of 3%, came to Rs.14356000/-. Initially, the payment plan agreed between the parties, required the entire payment to be made in 38 installments commencing 22.11.2007 and the last installment being payable on 1.2.2011. Later, a revised payment plan was offered by the opposite party and accepted by the complainant whereunder the amount of Rs.7243784/- which remained payable at that time was to be paid in five installments of Rs.1448757/- each. There was yet another change in the payment plan and as per the last payment plan agreed between the parties, the payment was to be made in the following manner:- <FRM>JUDGEMENT_52_LAWS(NCD)3_2019_1.html</FRM>

(2.) It would thus be seen that first 19 installments were monthly installments having no linkage with the construction of the residential unit allotted to the complainant. Twentieth installment was payable after slab and 21st installment was payable after internal plaster. The last installment was payable after finishing. Admittedly, the complainant has paid a sum of Rs.1,12,00,000/- to the opposite party. Thus payment of first 20th installment stands made. As far as 21st installment payable after internal plaster is concerned, there is no evidence of the opposite party having informed the complainant that the internal plaster was complete and requiring him to pay the 21st installment of Rs.1887000/-. Since the construction never came to be finished, the 22nd installment never became payable.

(3.) The possession of the allotted unit was required to be delivered to the complainant by January 2011. Since the construction was not completed and the possession was not offered to him, the complainant approached this Commission on 11.10.2013 with the following prayers:-