ZAKIUDDIN HAKIMUDDIN Vs. EAST & WEST BUILDERS RNR CORPORATE PARK, NEXT TO COLLECTORS OFFICE, KALANAGAR, BANDRA (E), MUMBAI

JUDGEMENT

(1.) The complainants booked residential apartments with the opposite party namely East & West Builders which is the sole proprietorship concern of Ms. Saranga Aggarwal. The sale consideration agreed between the complainants and the opposite party was more than Rs.one crore in every booking. The complainants made part payment to the opposite party and the balance payment is yet to be made. Though allotment letters were issued to them on different dates, no specific time for delivery of possession of the apartments was stipulated in the said letters of the allotment. No agreement in terms of Maharashtra Ownership of Flats Act (MoFA) was ever executed between the parties. The following are the particulars of the bookings made by the aforesaid complainants and the amount paid by them: <FRM>JUDGEMENT_118_LAWS(NCD)10_2017_1.html</FRM>

(2.) The grievance of the complainants is that though more than reasonable time for completing the construction has expired, the construction is continues to be at the plinth level and at present no work is going on at the site. The complainants are therefore before this Commission, seeking the following reliefs:

(3.) The complaint has been resisted by the opposite party which has admitted the allotments made to the complainants as well as the payment received from them. It is alleged in the written version filed by the opposite party that the project got delayed because in or around 2012, the DCR (Development Control Regulations) underwent some changes, which led to compulsory changes to be made in the layout structure of the flats and the opposite party had to submit fresh drawings and designs in respect of the said project to the BMC. The changes in the DCR, according to the opposite party, also resulted in reduction of the useable area. It is also stated in the written version that if any complainant wants to exit, the opposite party is prepared to take back the flat and refund the money received from him. It is further alleged that at present, the construction is in full swing though the opposite party has changed its contractor. Thus, according to the opposite party the delay has happened on account of reasons beyond its control. It is clarified in the written version that the IOD was granted on 28.3.2007 whereas the commencement certificate upto plinth level was issued on 29.3.2007. The amended plans are stated to have been issued on 31.5.2014 and the new commencement certificate upto plinth level is stated to have been issued thereafter on 25.3.2015, followed by further commencement certificate upto second parking upper floor level on 06.11.2015.