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Judgment
Heard Mr. Sanjay Bhardwaj, Advocate, for the complainant and Ms. Apurva, Advocate, for the opposite party.
Silviya Lewis has filed above complaint, for directing the opposite party to pay Rs.35908407/- and any other relief which is deemed fit and proper in the facts and circumstances of the case.
The complainant stated that Kakade Construction Company Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a group housing project in the name of “Kakade City Phase-II” at Mauje Hingane Budruk, Taluka Haveli, District Pune in the year, 2012 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite party, the complainant booked a duplex, admeasuring 3200 sq.ft. for total consideration of Rs.20800000/- and deposited Rs.1800000/- in cash time to time and Rs.7200000/- through cheque dated 18.05.2013. The opposite party, vide letter dated 10.06.2013, acknowledged deposit of Rs.9000000/- towards booking of a duplex admeasuring 3200 sq.ft. The opposite party avoided to execute an agreement for sale and used to assure that possession would be handed over till December, 2015 and balance consideration would be payable on offer of possession. The opposite party obtained “commencement certificate” bearing No.CC/3811/14. The opposite party applied for revision of sanctioned layout plan, which was approved on 25.02.2015. The complainant visited the site in December, 2015 and found very minimal construction and construction was not progressing. The complainant approached Managing Director of the opposite party and stated that as the construction was not likely to complete in near future, her money would be returned. The opposite party, in the letter dated 10.06.2013, committed to buy back the flat after one year, but they did not respond the request for refund of money. The complainant was in a residence obtained on Leave and Licence basis on 21.08.2015 and 24.05.2018, by expending Rs.529000/-. Managing Director refused to meet the complainant after some time. Then this complaint was filed on 10.12.2018.
In spite of service of notice, the opposite party did not file its written reply and its right to file written reply was closed by order dated 20.04.2022. The complainant filed Affidavit of Evidence of Silviya Lewis and documentary evidence. Both the parties have filed their written synopsis.
We have considered the arguments of the parties and examined the record. The opposite party, in letter dated 10.06.2013, acknowledged deposit of Rs.9000000/- towards booking of a duplex admeasuring 3200 sq.ft., in group housing project “Kakade City Phase-II” at Mauje Hingane Budruk, Taluka Haveli, District Pune. The opposite party however failed to execute agreement for sale and delivery possession of the duplex within promised date. The facts stated in the complaint, are proved from documentary evidence and Affidavit of Evidence of Silviya Lewis.
ORDER
In view of aforesaid discussions, the complaint is partly allowed with cost of Rs.2/- lacs. The opposite party is directed to refund Rs.9000000/- with interest @9% per annum from the date of respective deposit till the date of refund and the cost of Rs.2/- lacs, within a period of two months from this judgment. If the opposite party fails to refund the amount as directed above within two months, it shall be liable to pay interest @12% per annum, after two months.