Decided on January 07,2020

PRATIBHA Appellant
Monarch Infrastructure Developers Private Limited Respondents


M.SHREESHA,J. - (1.) This Complaint is filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short "the Act"?) against M/s. Monarch Infrastructure Developers Private Limited (hereinafter referred to as "the Developer"?), seeking the following reliefs: "A. Direct the Opposite Party to complete the construction of the building with the common amenities for flat no. 201 with the specifications described in Annexure A to the Agreement to sell dated 07.10.2014, provide Lift and firefighting measures in the building and obtain required Completion Certificate from the Nagpur Municipal Corporation and hand over the vacant possession of Flat No. 201, Imperial Park, Plot No. 4-A, Buty Layout, Khasra No. 77, Mouza Ambazari, Nagpur, Maharashtra to the Complainants; and B. Direct the Opposite Party to execute and register the sale deed for the Flat No. 201, Imperial Park, Khare Town, Dharampeth, Nagpur, Maharashtra in favour of the Complainants; and C. Direct the Opposite Party to pay to the Complainants simple interest at the rate of 18% p.a. on the amount of Rs.97,95,000/- from the date of respective payments till realization; and D. Direct the Opposite Party to pay an amount of Rs.4,45,000/- (Rupees Four Lakhs Forty Five Thousand Only) to the Complainants with interest thereon at the rate of 18% p.a. from the date of respective due dates till its realization; and E. Direct the Opposite Party to pay Rs.10,00,000/- (Rupees Ten Lakhs Only) to the Complainants towards compensation for injury, mental agony and harassment, negligence suffered by the Complainants; and F. Allow the present complaint with costs against the Opposite Party; and G. Pass such other order and grant such other relief as this Hon'ble Court may deem fit and proper in the facts and circumstances."?
(2.) The facts in brief are that the first and second Complainants, who are mother and son were co-owners of land admeasuring 350.18 square meters bearing Plot No. 4-A, Buty Layout, Khasra No. 77, Mouza Ambazari, Nagpur, Maharashtra. It is averred that the Developer approached them for buying that property for construction of Apartments and on 19.09.2014, it was agreed between the parties that the Complainants would sell their Land and House to the Developer, who will construct an Apartment Scheme, in which the Complainants could purchase a Flat for their residential use. A plan of the proposed building was duly sanctioned by the concerned authorities on 19.09.2014 and on 07.10.2014 a registered sale deed was executed, by which the Complainants sold their land with the built up house for a total sale consideration of ?2,40,00,000/-. It is stated that on the same day an Agreement to Sell was executed between the Complainants and the Developer by which the Complainants had agreed to purchase Flat No.201 having a super built up area of 140.189 square meter on the second floor of the building known as 'Imperial Park' together with an undivided share of 16.667% in plot No.4-A for a total consideration of ?90,00,000/-. It is averred that ?44,00,000/- was paid by the Complainants to the Developer on 07.10.2014 by way of cheques which was acknowledged by the Developer and the balance sale consideration was to be paid as per the construction plan. A Deed of declaration was also executed between the parties and registered with the Sub Registrar, Nagpur as contemplated under Maharashtra Apartment Ownership Act, 1970. As per para 2 of the said Deed, the common areas and facilities which have to be provided by the Developer in the Apartment scheme 'Imperial Park' also included one lift. Annexure-A of the said Deed lists the specifications of the subject Flat.
(3.) It is averred that as per the Clauses of the Deed, the Developer had to complete the construction work and handover the Flat to the Complainants by 17.03.2016 i.e. 18 months from the date of the sanctioned plan which is 19.09.2014. An additional Grace period of 6 months was also given which ends on 19.09.2016. During this period, the Developer was liable to pay ?15,000/- per month to the Complainants towards rent and thereafter ?20,000/- per month towards liquidation damages in addition to the rent. It is pleaded that the Developer did not complete the Flat with all the specifications as per Annexure-A and also stopped paying rent to the Complainants since March, 2018, in compliance of their obligation under Agreement to sale dated 07.10.2014, the Complainants paid an amount of ?87,95,000/- to the Developer and ?10,00,000/- towards the additional area made available to them. Hence the total consideration of ?97,95,000/- has already been paid to the Developer, but possession has not been received as on the date of filing of the Complaint though only a balance amount of ?2,00,000/- is due and payable as per Clause 2 of the Agreement. While so, on 17.06.2017, the Complainants requested the Developer to give a final schedule as the possession was delayed for more than one year and three months, and received a reply with all false claims stating that the interiors and the finishing part of the Apartment has to be completed at their own cost. The Complainants got issued a Legal Notice dated 20.11.2017 and have also taken photographs, showing that the lift was not installed and the construction material is lying all around the building. The Developer is liable to pay an amount of ?4,45,000/- under Clause 17 and 18 of the Agreement. Hence, the Complaint seeking possession together with delayed period compensation in terms of the rent and the liquidated damages and also the registration of the Sale Deed.;

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