AI Structured Summary
Not yet generated for this judgment
Judgment
V.K. Jain, J
The complainant booked a residential unit No.V5/389 with the opposite party in a project, namely, Sahara City Homes at Nagpur. The sale price of the said unit was Rs.1,48,00,000/- which, after senior citizen's discount of 3%, came to Rs.14356000/-. Initially, the payment plan agreed between the parties, required the entire payment to be made in 38 installments commencing 22.11.2007 and the last installment being payable on 1.2.2011. Later, a revised payment plan was offered by the opposite party and accepted by the complainant whereunder the amount of Rs.7243784/- which remained payable at that time was to be paid in five installments of Rs.1448757/- each. There was yet another change in the payment plan and as per the last payment plan agreed between the parties, the payment was to be made in the following manner:-
"Payment Schedule:
Stages Amount Payable
1 Booking Amount Rs.1480000
2 Allotment Amount R.740000
3 Monthly Installment Rs.349444
4 Monthly Installment Rs.349444
5 Monthly Installment Rs.349444
6 Monthly Installment Rs.349444
7 Monthly Installment Rs.349444
8 Monthly Installment Rs.349444
9 Monthly Installment Rs.349444
10 Monthly Installment Rs.349444
11 Monthly Installment Rs.349444
12 Monthly Installment Rs.349444
13 Monthly Installment Rs.349444
14 Monthly Installment Rs.349444
15 Monthly Installment Rs.349444
16 Monthly Installment Rs.349444
17 Monthly Installment Rs.349444
18 Monthly Installment Rs.349444
19 Monthly Installment Rs.349444
20 After Slab Rs.343794 Rs.2521658
21 After Internal Plaster Rs.1887000
22 After Finishing Rs.1443000
It would thus be seen that first 19 installments were monthly installments having no linkage with the construction of the residential unit allotted to the complainant. Twentieth installment was payable after slab and 21st installment was payable after internal plaster. The last installment was payable after finishing. Admittedly, the complainant has paid a sum of Rs.1,12,00,000/- to the opposite party. Thus payment of first 20th installment stands made. As far as 21st installment payable after internal plaster is concerned, there is no evidence of the opposite party having informed the complainant that the internal plaster was complete and requiring him to pay the 21st installment of Rs.1887000/-. Since the construction never came to be finished, the 22nd installment never became payable.
The possession of the allotted unit was required to be delivered to the complainant by January 2011. Since the construction was not completed and the possession was not offered to him, the complainant approached this Commission on 11.10.2013 with the following prayers:-
"(i) Hold and declare that the service rendered by the opposite party suffers from deficiency as well as defect within the meaning of the Consumer Protection Act, 1986,
(ii) Hold and declare that opposite party is liable for adopting unfair trade practice within the meaning of the Consumer Protection Act, 1986,
(iii) Direct the opposite party to deliver the possession of the unit no. V5/389, type INDEPENDENT BUNGALOW, booked by the complainant for unit price of Rs.1,48,00,000/- at Sahara City Homes, Nagpur, on 22/11/2007, within six months from the date of disposal of the present complaint, or in alternative,
(iv) Direct the opposite party to return the total amount paid by the complainant till date for the services rendered by the opposite party, i.e. Rs.1,12,45,833/- along with the interest of 18% per annum,
(v) Direct the opposite party to pay damages for the mental agony and financial loss suffered by the complainant due to the deficient & defective service rendered by the opposite party."
The complaint has been resisted by the opposite party which has not disputed the allotment made to the complainant as well as the payment plans agreed with him. Even the total amount received from the complainant has not been disputed. It is, however, alleged in the written version filed by the opposite party that the complainant had failed to pay Rs.535419/- as per the payment schedule and a sum of Rs.2521658/- was due from him as on 31.12.2011.
As noted earlier, all the first 20 installments stand paid to the opposite party, the amount of said 20 installments being less than the amount of Rs.1,12,45,833/- already paid by the complainant to the opposite party. The 21st installment was not demanded and there is no evidence of the construction having reached the level of completion of the internal plaster. Therefore, the 21st and 22nd installment did not become payable.
Since the possession of the allotted residential unit was not offered to the complainant even till October, 2013 when this complaint was instituted, the complainant became entitled to either possession of the allotted unit with compensation or to refund of the amount paid by him to the opposite party along with appropriate compensation.
This is not the case of the opposite party in its written version that the construction of the allotted unit was complete and it was in a position to offer its possession to the complainant. Even during pendency of this complaint, no offer has been made by the opposite party to give possession of the allotted unit to the complainant. The inevitable inference therefore is that the opposite party is not in a position to offer possession of the allotted unit to the complainant even as on today, more than 8 years after the date by which the said unit was to be delivered.
The learned counsel for the complainant states on instructions from the complainant who is present in the Court that the complainant cannot wait indefinitely for the possession of the allotted unit and wants refund of the entire amount paid by him to the opposite party along with appropriate compensation. He also states on instructions that since no evidence has been produced by the complainant to prove the actual loss suffered by him on account of the opposite party having not offered possession of the allotted residential unit to him, he is restricting his claim to the refund of the principal amount of Rs.1,12,45,833/- along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till the date of refund. Considering the interest rates prevalent at the relevant time, the claim being pressed by the learned counsel for the complainant is justified and needs to be awarded. The complaint is, therefore, disposed of with the following directions:-
The opposite party shall refund the entire principal amount of Rs.1,12,45,833/- to the complainant along with compensation in the form of simple interest @ 10% per annum from the date of each payment till the date of refund.
The opposite party shall pay a sum of Rs.25,000/- as the cost of litigation to the complainant.
The payment in terms of this order shall be made within three months from today.