Per Hon’ble Mr.Narendra Kawde, Member
The consumer complaint has been filed by the complainant –Nehrunagar Shivalaya Co-op. Hsg. Society Ltd. alleging deficiency of service against M/s.S.D.Construction and others for not completing the development works assigned to the opponent/ builder/developer by the registered agreement dated 12/05/2008 executed between the complainant/Co-op.Housing Society and opponent/builder/developer. The complainant society has prayed for compensation on account of rent of `83,66,800/-, `15,00,000/- for mental agony, `32,500/- by way of interest and `50,000/- as costs of litigation and to hand over the development project to the new contractor for timely completion as the opponent/ builder/developer has failed to do so as alleged by the society in time.
Heard Mr.S.V.Satam-Advocate for the complainant and Mr.U.B.Wavikar-Advocate for the opponents on point of admission of the complaint.
Admittedly, there is a registered agreement executed between the parties to redevelop of the society by using additional FSI and clause no.15 of the said registered agreement stipulates the time limit for completion of the project as a period of 24 months. During the course of arguments, it was argued by the Ld. Advocate of the opponent that the commencement certificate for initiation of the development work was received from the competent authorities in the year 2011. Therefore, the opponent/ builder/ developer is under obligation to complete the construction work by 2013 subject to however force majeure clause of the development agreement. The complainant society did also agree on the point that the commencement certificate has been received as stated by the opponent in the year 2011, though they have alleged that there were latches and delay on the part of opponent/builder/developer as no efficient and prompt steps to get commencement certificate in time were taken.
On going through the prayers, particularly, the last para of the prayer clause to hand over development project to the new contractor was not properly explained by the complainant -Housing society, whether a new developer has stepped in by termination of the existing development contract with the present opponent/ builder/ developer or otherwise. In the facts and circumstances of the case, we find that it is a premature consumer complaint as the commencement certificate admittedly has been obtained for the project in the year 2011 and, therefore, reckoning the period of two years to complete the project within 24 months, will be the year 2013. Therefore, in view of this admitted position, the cause of action for the complainant society does not arise at this stage. We hold accordingly as there is no ground to admit this consumer complaint at this stage. Hence the consumer complaint is rejected in limine.
Pronounced on 6th May, 2013.
