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Judgment
V.K.Jain, J
These appeals are directed against a common order of the State Commission dated 04.09.2015. The complainant, in Consumer Complaint No. RBT/CC/13/274, booked a shop with Buddhdev Enterprises, the Proprietorship concern of late Sh. Umesh Vallabhdas Barai, for a total consideration of Rs. 15 lakhs. Despite the said consideration having been paid to him, the possession of the shop was not delivered. Later on, the project, in which the booking made, was transferred by Buddhdev Enterprises to their sister concern Vastu Realtors Pvt. Ltd. A certificate to this effect was issued jointly by Buddhdev Enterprises as well as Vastu Realtors Pvt. Ltd. Since the possession of the shop was not delivered to the complainant, he approached the concerned State Commission by way of consumer complaints, seeking possession of the said shop with compensation etc.
The complainant in Consumer Complaint No. RBT/CC/13/275 booked a residential flat in the above referred project with Buddhdev Enterprises for a consideration of Rs. 8 lakhs. The possession having not been delivered to him despite payment of the sale consideration, he also approached the concerned State Commission by way of a consumer complaint, seeking possession of the flat alongwith compensation.
The complainant in Consumer Complaint No. RBT/CC/13/277 booked a shop with Buddhdev Enterprises for consideration of Rs. 25 lakhs and made part payment of Rs. 10 lakhs. The possession, however, was not delivered to him. Therefore, he also approached the concerned State Commission by way of a separate consumer complaint, seeking possession of the shop or in the alternative refund of the amount paid by him alongwith compensation.
The complaints were resisted by the respondents primarily on the grounds that the business of late Sh. Umesh Vallabhdas Barai having run into financial difficulties, some persons, who had invested money in his construction project started putting pressure on him and compelled him to sign documents such as agreement to sale, not really intending to purchase the property or shop, subject matter of the said agreement. It was also alleged that the said agreement was never intended to be acted upon.
The State Commission vide impugned order dated 04.09.2015 directed as under:
ORDER IN RBT/CC/13/274
The complaint is partly allowed.
Opponents are jointly & severally directed to refund to the complainant an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) within a period of sixty days from today, failing which interest @ 9% p.a. shall be payable till realization from expiry of sixty days.
ALTERNATIVELY AT THE OPTION OF THE COMPLAINANT
Opponents are jointly and severally directed to hand-over vacant and peaceful possession of shop no. 1 at ground floor, admeasuring 500 sq. ft. from the project 'Ramkunj', Khopat Road, Thane (West), complete in all respect with all formalities and documents within a period of sixty days from the date of order.
In the circumstances, parties to bear their own costs.
Opponents are further directed to pay to the complainant an amount of Rs. 25,000/- (Rupees Twenty Five Thousand only) by way of compensation towards mental agony.
Upon retaining original set of complaints compilation, other sets of complaint compilation shall be returned to the Complainant forthwith.
Copies of the order be furnished to the parties.
ORDER IN RBT/CC/13/275
The complaint is partly allowed.
Opponents are jointly & severally directed to refund to the complainant an amount of Rs. 8,00,000/- (Rupees Eight Lakhs only) within a period of sixty days from today, failing which interest @ 9% p.a. shall be payable till realization from expiry of sixty days.
ALTERNATIVELY AT THE OPTION OF THE COMPLAINANT
Opponents are jointly and severally directed to hand-over vacant and peaceful possession of flat no. 101/B at first floor, admeasuring 870 sq. ft. from the project 'Ramkunj', Khopat Road, Thane (West), complete in all respect with all formalities and documents within a period of sixty days from the date of order.
In the circumstances, parties to bear their own costs.
Opponents are further directed to pay to the complainant an amount of Rs. 25,000/- (Rupees Twenty Five Thousand only) by way of compensation towards mental agony.
Upon retaining original set of complaints compilation, other sets of complaint compilation shall be returned to the Complainant forthwith.
Copies of the order be furnished to the parties.
ORDER IN RBT/CC/13/277
The complaint is partly allowed.
Opponents are jointly & severally directed to refund to the complainant an amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) within a period of sixty days from today, failing which interest @ 9% p.a. shall be payable till realization from expiry of sixty days.
ALTERNATIVELY AT THE OPTION OF THE COMPLAINANT
Upon receipt of balance consideratoin amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) from the complainant, opponents are jointly and severally directed to hand-over vacant and peaceful possession of shop no. 2 at ground floor, admeasuring 600 sq. ft. from the project 'Sanmitra' (C Wing), Thane complete in all respect with all formalities and documents within a period of sixty days from the days of receipt of balance consideration amount from the complainant.
In the circumstances, parties to bear their own costs.
Opponents are further directed to pay to the complainant an amount of Rs. 25,000/- (Rupees Twenty Five Thousand only) by way of compensation towards mental agony.
Upon retaining original set of complaints compilation, other sets of complaint compilation shall be returned to the Complainant forthwith.
Copies of the order be furnished to the parties.
Being aggrieved from the order passed by the State Commission, the respondents preferred appeals before this Commission. The said appeals being F.A. Nos. 794/2016, 795/2016 and 796/2016 were dismissed by this Commission vide common order dated 09.02.2017, on the ground of delay in institution of the said appeals. Since no appeal against the above referred order of this Commission has been referred, that order became final.
Since the complainants are also aggrieved from the order passed by the State Commission, they are also before this Commission by way of these separate appeals.
As far as Consumer Complaint No. RBT/CC/13/274 and Consumer Complaint No. RBT/CC/13/275 are concerned, the only grievance of the appellants/complainants is that no interest has been awarded to them by the State Commission on the amount which they had paid to the builder. In our opinion, the grievance of the said complainants/appellants is fully justified. Having utilised their money, the respondents were under a legal obligation to compensate them by giving appropriate interest on that amount. Considering all the facts and circumstances of the case, we direct the respondent to pay simple interest @ 10% per annum on the principal amount paid by the above referred complainants/appellants w.e.f. each payment till the date of refund.
In Consumer Complaint No. RBT/CC/13/275, the possession of the flat has already been taken by the complainant/appellant during pendency of this appeal, in the execution proceedings initiated by him before the State Commission. Though according to the complainant/appellant, there are several defects and deficiencies in the said flat, the alleged defects and deficiencies in the flat not being the subject matter of the consumer complaint filed by him, he would be at liberty to avail such remedy as may be open to him in law, seeking appropriate relief in respect of the alleged defects and deficiencies in the flat allotted to him.
The second grievance of the complainant in Consumer Complaint No. RBT/CC/13/275 is that no compensation for the delay in delivery of possession of the flat has been given to him despite he having paid the entire sale consideration of Rs. 8 lakhs to the builder. Considering all the facts and circumstances of the case, we direct the respondent to pay compensation in the form of simple interest @ 8 % to the complainant/appellant on the aforesaid amount of Rs. 8 lakhs w.e.f. three years of the execution of the agreement till the date on which the possession was actually delivered to him through the process of the State Commission. The respondents are also directed to obtain the requisite occupation certificate and execute the requisite agreement, in respect of the subject flat in favour of the appellant/complainant within three weeks from today.
All the three appeals stand disposed of in terms of this order.