, (Per- Shri. S.D. MADAKE Honble President )
1. The complainant purchased Flat No. C 502, 5 floor, Building C -Houston admeasuringth 430.50 sq.feet. for Rs.14,92,000/- from opponent developer , at the rate of Rs.3,465.75 per sq.feet. , on 30 Nov. 2010.
2. The said agreement was registered with deputy registrar Ulhasnagar. According to complainant , they approached Navy group Insurance fund for loan. The opponent assured to provide all documents for process of loan in first week of December 2010, however the same were provided in last week of Jan 2011.
3. The complainants alleged that, due to deficient documents provided by opponent the loan was delayed and accordingly intimation was given to opponent on 27.3.2011 by letter. The opp. took
29 weeks to supply the documents. The loan was sanctioned on 20.10.2011.
4. The complainants stated that loan authority asked for demand letter from them and opponent issued demand letter on 1.12.2011 and loan amount was paid on 16.2.2012 by demand draft.
5. The complainants paid Rs.1,00,000/-(One lac rupees) on 27.10.2010, Rs.2,00,000/-( Two lacs ) on 21.11.2010, Rs.3,92,000/-( Three lacs ninety two thousand ) on 2.4.2011 and Rs.7,89,178/-(Seven lacs eighty nine thousand one hundred seventy eight) on 9.3.2012. They paid total amount of Rs.14,81,178/- (Fourteen lacs eighty one thousand one hundred seventy eight ) out of the agreement amount of Rs.14,92,000/-. (Fourteen lacs ninety two thousand ). They are liable to pay Rs.10,822.22 to opponent.
6. The complainants asked for possession and they were ready and willing to pay remaining amount. They sent letter on 28.3.2012. It is stated that opponent demanded interest amount of Rs.2,82,775/- @ 24 % p.a. for a period between 22.01.2010 to 6.4.2012 vide letter dated 1.4.2012.
7. The complainants alleged that loan was delayed due to non- cooperation of opponent. They prayed for direction to opponent to pay Rs.19,00,000/- as compensation with cost of Rs. 20,000/-. They claimed possession of flat.
8. The opponent filed written version and denied the claim. It is stated that complaint is barred by limitation and is not maintainable as per law.
9. The opp. alleged that opponent has not handed over the flat to the complainant because of default in making payment as per agreement and payment of VAT amount. It is denied that opponent caused delay in making documents available for process of loan.
10. The opp. denied that there was discrepancy in document supplied for purpose of loan. It is stated that complainants never demanded any alleged document on 27.3.2011 as alleged in complaint. All allegation are specifically denied by opponent.
11. The opponent stated that , amount of Rs.2,82,775/- with interest is rightly claimed and interest is charged at 24 % p.a. as per agreement. The vat has to paid by purchaser of flat.
12. The opponent stated that claim of compensation is excessive and without justification. The complaint is filed with object of avoiding Lawful dues of opp. The prayer is made for dismissal of complaint.
13. We have heard complainant and ld. Adv. Ketan Mali for opponent at length. Perused complaint, written statement and affidavit of evidence. Both parties filed pursis on 9.9.2016 stating that affidavit of evidence be treated as written argument.
14. Admittedly complainants entered into registered agreement for sale of flat on 30.11.2010 for Rs.14,92,000/- as stated in complaint. The complainants have paid Rs.14,81,178/- to opponent out of Rs.14,92,000/-. The payment has been made during 27.10.2010 to 9.3.2012.
15. As per agreement opponent was under an obligation to give possession of flat on 31.03.2011. The complainants were under an obligation to pay amount as per progress of construction work.
16. During the pendency of this proceeding, the forum directed to opponent not to create third party interest on the application of complainants by order dated 24.7.2013.
17. Admittedly complainants purchased flat and opponent is a developer . As per law both parties are under contractual obligation to perform their reciprocal promises. The possession was to be given on 31.3.2011.
18. The main issue in the present complaint is regarding the claim of developer of Rs.2,82,775/- due to delay in payment. The opp. argued that, complainants committed default in payment as per agreement. The opponent is entitle to claim interest on delayed payment @ 24 % p.a. from the date of delay as per agreement.
19. The present case is governed by provisions of performance of reciprocal promises. The opponent is under an obligation to prove that construction was made as per the stages of payment and he was entitle to hand over possession as per law. He was liable to obtain occupation certificate and Building completion certificate prior to making a claim of interest @ 24 % p.a. with intimation to complainant.
20. As per law , the developer can claim interest at just and reasonable rate as per S.34 of C.P.C, however it is legitimately expected on the part of developer to inform in writing that flat is ready in all respect and has obtained occupation certificate before 31.3.2011.
21. The complainant is not justified to blame opponent for delay in obtaining the loan on the ground that documents and demand letter issued by opponent was deficient or there was intentional delay on the part of opp. for the same.
22. We are of the considered view, that demand of amount by way interest @ 24 % p.a. by opponent is unfair trade practice and deficiency in service. The complainants have paid almost total amount except Rs.10,822/-. They have to pay said amount to opponent.
23. It is very unfortunate that complainants are deprived of possession since more than 5 years and six months, due to unfair trade practice adopted by opponent. The opponents shall be liable for reasonable compensation of Rs.1,50,000/- for financial loss and mental agony.
24. In the result, we pass the following order. ORDER
1. The Consumer complaint No.86/2013 is partly allowed.
2. The Opponent is directed to hand over the possession of Flat No. C 502, 5 floor, Building Cth Houston Ambernath on receipt of balance amount of Rs.10,822/- with interest @ 18 % p.a. from 31.03.2011 till payment.
3. The Opponent is directed to pay compensation of Rs.1,50,000/- (One lac fifty thousand ) for mental agony and financial loss to complainants within 3 months. If amount is not paid within three months opp. shall be liable to pay interest @ 10 % p.a. on the said amount.
4. The copy of this order be sent to both parties. [HON'BLE MR. S.D.MADAKE] PRESIDENT [HON'BLE MR. S.Z.PAWAR] MEMBER [HON'BLE MS. POONAM V.MAHARSHI] MEMBER