Complaint Case No. CC/09/203. Case: 1. Arti Modi, 2. Vikas Krishnakumar Modi Vs 1. Ramesh G. Gangawani, 2. Baburao B. Patil, 3. Tejaswani A. Patil, 4. Monish Builder, Mumbai. Maharashtra State Consumer Disputes Redressal Commission
| Case Number | Complaint Case No. CC/09/203 |
| Judges | P. N. Kashalkar (Member) & S. P. Lale (Member) |
| Issue | Maharashtra Ownership of Flats Act, 1963 |
| Judgement Date | February 14, 2011 |
| Court | Maharashtra State Consumer Disputes Redressal Commission |
Judgment:
S. P. Lale (Member)
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This complaint has been filed by the complainants against the opponent-M/s.Monish Builder and their partners for deficiency in service. According to the complainants, they had booked a flat bearing No.101 on the 1st floor, 'A' Wing of the building known as "Mohan Mansion" situated at Gulmohar Road, Chunabhatti, Off. Eastern Express Highway, Near Sommaiya Ground, Mumbai-400 022 with the opponents on 28/11/2006 on payment of earnest money of 1,22,000/- vide cheque No.014328. The opponents entered into an agreement of sale which was duly registered by the parties for total consideration of 22,40,000/- on 28/11/2006. Opponents had agreed to hand over the possession of the flat on or before 30/06/2007. The complainants submitted that from time to time they had paid following moneys to the opponents:-
Sr.No.
Date
Cheque No.
Amount paid
1.
31/10/2006
014388
1,22,000/-
2.
09/11/2006
201346
2,14,000/-
3.
22/12/2006
213833
2,04,000/-
4.
12/01/2007
238076
2,00,000/-
5.
08/03/2007
879404
3,12,800/-
6.
02/10/2006
Cash
5,00,000/-
7.
10/11/2006
Cash
4,60,000/-
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The complainants further submitted that the opponents did not hand over possession of the said flat till November 2007 and therefore, complainants were left with no option, but to make their alternate arrangement and had entered into a Leave & Licence Agreement dated 21/09/2007 for the period of 11 months from 01/10/2007 to 31/08/2008. The complainants further stated that said Leave & Licence Agreement was further renewed for 01/09/2008 to 31/07/2009 and 01/08/2009 to 31/07/2010. The complainants had placed on record the Leave & Licence Agreements. The complainants further stated that the complainants wrote letters to the opponents on 14/02/2008 & 13/10/2008 requesting the opponents to complete the construction of the building and hand over possession of the said flat to the complainants at the earliest. The complainants stated that it is apparent that due to failure on the part of the opponents to hand over the possession of the said flat to the complainants on or before 30/06/2007, the complainants had to incur unnecessarily huge expenditure by entering into the Leave & Licence Agreements year after years. The complainants further stated that to their shock and surprise, they received a letter from the opponents demanding 67,200/-. Opponents had stated therein that they had received only 11,20,000/- towards consideration of the said flat. The opponents miserably failed to hand over the possession of the said flat till date. Looking to their callous attitude and negligence of the opponents, complainants had filed consumer complaint before the District Consumer Disputes Redressal Forum, Central Mumbai bearing No.108/2009. After filing...
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