Case nº First Appeal No. 733 Of 2013, (Against the Order dated 26/07/2013 in Complaint No. 219/2011 of the State Commission Maharastra) of NCDRC Cases, September 19, 2014 (case 1. Aditi Land and Infrastructure Developers and Anr. 2. Shri Abhijit D. Sawant Vs 1. Jayantilal Bhikamchand Mehta (Deceased) and Ors. 2. Smt. Pushpa Jayantilal Mehta)
| Judge | For Appellant: Mr. Abhijit D. Sawant, Advocate and Mr. Surjeet Singh, Advocate and For Respondents: Mr. Kiran Mohite, Advocate with Mr. Dinesh Mehta, R-3 in person |
| President | Mr. D.K. Jain, President and Mr. Vinay Kumar, Member |
| Resolution Date | September 19, 2014 |
| Issuing Organization | NCDRC Cases |
Order:
Here is a case where the builder, having received a sum of Rs.32 Lac, during the period from June 2009 to 2011, against a total consideration of Rs.35 Lac for the flat in terms of Agreement to sell, dated 03.07.2009, is attempting to abuse the judicial process to somehow gain time to comply with the directions issued by the Maharashtra State Consumer Disputes Redressal Commission at Mumbai
(for short "the State Commission").
Allowing the Complaint filed by the Respondent (CC No.11/219), the State Commission has observed as follows:
10. From the aforesaid facts, it is established beyond doubt that there is deficiency in service on the part of the opponents. They failed to hand over possession of said flat to the complainants despite of the fact that complainants had paid an amount of Rs.32 Lakhs and as per the agreement, remaining amount is to be paid at the time of handing over the possession which the complainants are ready and willing to pay. This complaint is a best example how the builder/developer exploits the prospective purchaser of the flat. To have one''s own house is a dream of every person. In the present case, complainants have already paid an amount of Rs.32 Lakhs. However, they have not received possession of the flat so far. Not only this they are paying the Bank loan installment of Rs.26,106/- per month and so far they have paid 20 installments of the housing loan amounting to Rs.5 Lakhs. In the agreement in clause 8 there is a provision that - "In the event of any installment or payment remaining fully or partly unpaid period of after the same have become due, the developer shall be entitled to recover and the Purchaser/s shall be liable to pay to the Developer Simple Interest at the rate of 24% per annum on all amount fully or partly outstanding or due or payable by the Purchaser/s without any deduction claim, objections or conditions whatsoever." In the present case, there is no delay on the part of the complainant in payment of consideration".
The State Commission has thus directed the Appellant, a sole proprietary concern of Appellant No.1 to hand over possession of the subject flat to the Respondent, in a good and habitable condition within two months from the date of its order along with compensation of Rs.2 Lac. It has been...
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