Case nº Consumer Complaint No. 321 of 2013 of National Consumer Disputes Redressal Commission, August 05, 2014 (case N.Y. Kachawalla Vs The Orbit Corporation Limited)
| Judge | For Appellant: Ruchir Tolat, Advocate and For Respondents: Arun Batta, Advocate |
| President | J.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member |
| Resolution Date | August 05, 2014 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
J.M. Malik, J. (Presiding Member)
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Dr. N.Y. Kachawalla, the complainant, is a Doctor in Mumbai. An agreement of allotment of two-bed room, hall, kitchen apartment, with one car parking space, on 23rd Floor, admeasuring 1695 sq.ft., was entered into between the complainant and Orbit Corporation Ltd., the OP, wherein, the OP issued a letter of allotment dated 21.10.2009, which is placed on record as Annexure- A1. This complaint was filed before this Commission on 07.10.2013. The grouse of the complainant is that uptill the filing of the complaint, the said apartment was not given to him, in spite of repeated requests. The complainant paid a sum of Rs.17,41,701/- vide cheques, each, on 17.08.2010 and 01.12.2010. On 27.07.2011, the OP demanded a sum of Rs.89,698/- which was duly paid. The total amount of Rs.1,16,11,340/- was paid as part payment. On 19.09.2011, the complainant called upon the OP to pay interest in the sum of Rs.15,16,962/- with further interest till the OP actually commenced the construction activities and handed over the possession of the said apartment. This is an indisputable fact that the OP has laid the foundation of the said apartment. In its letter dated 13.10.2011, marked as Annexure- F, the OP agreed to hand over the possession of the apartment till August, 2013. However, there was no construction. Thereafter, correspondence went on between the parties. The complainant, again demanded interest on the said amount, vide letters dated 19.09.2011, 03.11.2011 and 10.12.2012. The OP also refused to refund the amount already paid by the complainant. Consequently, this complaint was filed, with the following prayers:-
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That the Opposite party be ordered and directed by the Hon'ble National Consumer Disputes Redressal Commission to pay to the complainant a sum of Rs.1,16,11,340/- (Rupees One Crore Sixteen Laksh Eleven Thousand Three Hundred Forty only) paid to Opposite Party on account of part payment of consideration till date with interest thereon at the rate of 18% p.a., from date of payments, till Opposite Party, pay the same to the complainant;
b) That the Opposite Party be ordered and directed by the Hon'ble National Consumer Disputes Redressal Commission to pay to the complainant a sum of Rs.1,00,00,000/- (Rupees One Crore only) or such other amount as the Hon'ble Commission may deem fit and proper on account of the delay and damages loss caused to and or suffered by the complainant on account of the avoidance /negligence / delay/ deficiencies of services in continuing construction and or handing over vacant possession of the said flat /car parking allotted to complainant as per Annexure A1 with interest thereon at the rate of 18% p.a., or such other rate from the date of the complaint, till payment and realisation thereof;
c) In alternative to prayer (1) and (b) above, and in the event of opposite party failed and neglected to pay the amounts prayed for the Opposite party be ordered and directed by the Hon'ble Commission to execute and register Agreement for Sale under Section 4 of the Maharashtra Ownership Flat Act (Annexure I hereto) for sale of the apartment No. 2301 in Orbit Grand and one car parking space as more particularly described in Annexure A1 hereto within such time as the Hon'ble Commission may deem fit and proper and direct the opposite party to adjust the amounts of interest claimed by complainant and damages as per prayers (a) and (b) above on account of further part payment of the consideration amounts payable by Complainant and further direct the opposite party to put complainant into peaceful and vacant possession of the said flat with car parking space within such time and the Hon'ble Commission may fix;
d) That opposite party be ordered and directed by the Hon'ble Commission to execute and register agreement for sale under Section 4 of the Maharashtra Ownership Flat Act for sale of the apartment No. 2301 in Orbit Grand and one car parking space as more particularly described in Annexure 'A' hereto with such time as the Hon'ble Commission may deem fit and proper;
e) That the opposite party be ordered and directed by the Hon'ble Forum to pay the cost of as incidental to the present complaint".
THE DEFENCE:
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On 29.09.2006, the OP became the owner of the land, together with the building or structures thereon, now known as 'Murgiwala Chawl No. 1 and 2 (formerly known as Dadabhai Chawl No. 1 and 2) along with godown and sheds thereon. The OP agreed to construct free of cost equivalent area in the new building, the actual area of 1971 sq.ft. carpet area covered the three shops occupied by the then owners. It was agreed that the said three shops would not form part of the Conveyance, however, the OP would be entitled to utilise the entire F.S.I. available on the said property minus the said area of the said three shops which shall remain the ownership of the then owners only and that the assessment of the said three shops shall be done independently. By another Deed of Conveyance, executed on 25.12.2006, the OP acquired the property known as Dadabhai Chawl No. 3 standing on the land of Lower Parel Division together with the structures thereon situated at N.M. Joshi Marg, Lower Parel, Mumbai.
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The OP have amalgamated the First and Second property including the plot on which the said three shops existed and has been carrying out composite redevelopment scheme. The OP was granted NOC by the MHADA under the Maharashtra Housing and Area Development Act, 1976, for redevelopment of the said property, on 10.06.2009. Between the years 2009 and 2010, the OP had already executed Permanent Alternate Accommodation...
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