PRESENT

                   Complainant by Mrs. Shubhangi M. Patil present.

                    Opponent by Adv.Shri. V.S.Lakshmanan present.

                                                ORDER

(Per-Mr. S. D. MADAKE, Hon’ble President

1.     The Complainant entered into agreement with opposite party on 28.3.2017 for purchase of flat no.404 on 4 th floor admeasuring 650 sq. feet in a building sparrow situated at land bearing No.33p. 35/1p.,36/812 at Badalapur as destribed in complaint.

2.       The total price of the said flat was agreed at Rs. 12,66,200/-( Twelve lacs sixty  six  thousand  two  hundred)  and  complainant  paid  an  amount  of  

Rs. 6,33,100/- i.e 50% amount out of total agreed amount. The agreement of sale was registered on 09.12.2010.

3.       The complainant sent legal notice on 24.6.2013 demanding the original registered document from opponent. The Complainants alleged that opponent failed to perform the contractual obligation as per the terms of contract.

4.       The Complainants alleged that, opponent failed to handover the possession of flat as per agreement on or before 31.10.2011. The allegation are made that complainants paid amount of Rs. 7,22,494/-( Seven lacs twenty two thousand four hundred ninety four )  and are staying in a rental house.

5.       The Complainants agreed to accept the possession of other alternate flat in case opponent is unable to give the possession as per agreement.

6.       The Complainant prayed for direction to opponent to give possession of said property as per agreement or to give alternate flat of the same size in other building on the same plot. They alternatively prayed for direction to refund Rs. 7,22,494/- with interest at 9% p.a.in addition to compensation and cost.

7.       The Opponent filed written statement and resisted the complaint. It is submitted that opponent is completely fair in the dealings with complainant at all point of time.

8.       The opponent stated that if complainant was serious in possession earlier, he would have accepted the offer of alternate accommodation in the same complex or taken an exist as per clause 12 of agreement. It is submitted that progress was held up in construction due to non-receipt of NOC from the railway authorities.

9.       The Opponent submitted that there is no deficiency in service as alleged by complainant. It is prayed that complaint be dismissed.

10.     We have perused all the documents produced on record by both sides. Today Ld. Counsel for both sides are present. The Complainant.

11.     Admittedly the complainant paid 50% amount of the flat to opponent. The date of possession was Oct. 2011. Admittedly, the possession was not given and total amount was not paid by Complainant.

12.     Today both counsel with consent of their client submitted that complaints are willing to accept the amount paid by them, for purchase of flat. The learned Adv, for opponent with instruction agreed to pay interest on the amount at 9 % p.a. from the date of  each  payment . The Opponent is liable to pay amount paid by Complainant towards stamp duty.

13.     We found the said proposal of both sides to be reasonable. We award reasonable compensation of Rs. 25,000/- and cost of Rs. 10,000/- to complainant from opponent.

14.    In the result, We pass the following order in interest of justice  as under.

ORDER

1.        The  Consumer Complaint No. 48/2015  is partly allowed.

2.       The opponent M/s. Pranjee Properties is directed to pay all the amount of Rs. 6,33,000/- ( Six lacs thirty three thousand) with

          interest at 9% p.a.from the date of payment of each amount till payment.

3.       The opponent M/s. Pranjee Properties is directed to pay amount paid by complainant for stamp and registration to complainant,with

           interest @ 9 %   p.a. from the date of payment till realization.

4.       The opponent is directed to pay Rs.25,000/- to complainant as compensation for mental agony and cost of Rs. 10,000/-.

5.       Copy of this order be sent to the both parties.