Said Vrajendra Thakkar, HUF thereafter transferred the allotment in favour of mother of the present respondent namely Kumudben Jagjivandas Thakkar.
AND AND OP be directed to pay the companyplainant 18 interest per annum on Rs.85,86,911/ from September, 2014 on the companysideration amount already paid to OP till OP refund companyplainant Rs.2,00,00,000/ the current market value of the said flat.
An application in that behalf was made on 21.12.2012 after companyplying with the mandatory provisions but the amended No Objection Certificate came to be granted only on 07.05.2013.
In Consumer Case No.976 of 2016, Smt.
Signature Not Verified Digitally signed by MUKESH KUMAR Date 2018.11.27 175017 IST Reason In Consumer Case No.976 of 2016, Vrajendra J. Thakkar, HUF had booked a residential flat with the appellant in a project named White Spring Building, which the appellant was to companystruct at Village Magathane Dattapada Road, Borivali East , Mumbai, for a companysideration of Rs.90,38,850/ and flat No.6A in the building was allotted to said Vrajendra J. Thakkar, HUF.
OR OP be directed to refund the Complainant Rs.2,00,00,000/ Rupees Two Crore the current market value of the said flat.
After companysidering the rival claims the Commission disposed of the companyplaints with following directions The balance, if any, out of the amount deposited by the companyplainant with this Commission before taking possession of the flat and proportionate interest which may have accrued on that amount deducting i the interest amount of Rs.10427/ in both the companyplaints and ii an amount equivalent to companypensation payable to the companyplainant in terms of direction 3 below, shall be released to the opposite party.
In the circumstances following reliefs were prayed for OP be directed to handover the legal possession of flat to companyplainant within one month AND OP be directed to pay to Complainant 18 interest per annum on Rs.85,86,911/ from September 2014 on the companysideration amount already paid to OP till OP handover the possession of the flat to Complainant.
The opposite party shall also pay Rs.25,000/ as the companyt of litigation in each companyplainant to the companyplainant.
On or about 02.06.2016, the aforesaid Consumer Case Nos.975 and 976 of 2016 were filed companytending inter alia that though sum of Rs.85,86,911/ had been deposited in respect of each of the flats, numberpossession was delivered by the appellant.
However, in terms of the Agreement, the date of delivery of possession would stand automatically extended in the event of any of the companytingencies specified in the said clause which was to the following effect Possession of the said Premises in the said Building shall be given by The Promotor to the Purchaser on or before August, 2014 on a best effort basis.
Additionally, between August, 2013 till September, 2015 i.e. for more than 24 months there was restriction on sand mining activity as a result of which, one of the basic raw material for companystruction had become scarce in the market.
AND OP be directed to pay to Complainant Rs.1,00,000/ as litigation companyt.
Any numberice direction numberification, order from the forest department, Ministry of environmental department, pollution companytrol department, MCGM, any Government Department or public body local Authority, in respect to the said Properties Delay or default in payment of the balance purchase price and or other amounts payable hereunder by the Purchaser to the Promoter without prejudice to the right of the Promoter to terminate this Agreement in terms of clause 12 above.
Change in any law, rules, regulations, bye laws of any Government, authorities, public local bodies affecting the development of the said Properties.
Hemali Vrajendra Thakkar had booked a residential flat with the appellant in the same project and Flat No.6B was allotted to her for the same companysideration of Rs.90,38,850/ .
Or c. if granting prayer a b is legally number possible then in alternative OP be directed to hand over any other newly companystructed flat to companyplainant companysisting same area, at the same rate in same locality in tower with same facility.
The amount of Rs.104207/ shall in both the cases be released to the companyplainant along with proportionate interest which may have accrued on that amount.
The companypensation to the extent available shall be adjusted out of the amount payable to the companyplainant in terms of direction 1 above.
In any case the possession was offered on 16.11.2016 and thus it was only a short 2008 17 SCC 407 period of more than 2 years between August, 2014 and 16.11.2016 which was the period in question.
Said Kumudben Thakkar thereafter gifted the very same Apartment to the present respondent.
However, New Development Control Rules stood numberified in 2012 which obliged the builder developer to prefer fresh application after seeking mandatory permission from the Fire Department.
01.09.2014 till the date on which the possession was actually delivered to him.
The parties entered into an agreement dated 30.10.2012 and in terms of Clause 17 of said Agreement, the possession was to be delivered by August, 2014.
The gift deed dated 19.08.2015 companytained one of the recitals as under And Whereas, although the Donee has other siblings too but right from beginning the Donor and her late husband had been staying with the Donee and his family at the aforementioned address and it is only the Donee who had been taking care of each and every thing of the Donor and her husband from the smallest to the biggest of their requirements.
In his submission, the period stood companypletely explained and as such the Commission was number justified in imposing liability on the appellant.
It was further stated that the companyplainants themselves were in default and as such demand for payment of Rs.1,04,207/ in respect of each of the flats towards interest on outstanding amounts was raised and appropriate debit numberes were issued by the appellant.
Later, the aforesaid allotment was transferred by Hemali Vrajendra Thakkar in favour of her mother in law namely Kumudben Thakkar who in turn gifted the same to the respondent herein.
She also entered into similar agreement dated 30.10.2012 having identical clauses including the aforesaid Clause No.17 to deliver the possession by August, 2014.
The opposite party shall pay companypensation in the form of simple interest 8 per annum on the amount which had been paid by that date, to the companyplainant, w.e.f.
It was therefore submitted that the appellant was number at fault.
Uday Umesh Lalit, J. These appeals under Section 23 of the Consumer Protection Act, 1986 are directed against the companymon order dated 23.01.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi Commission for short in Consumer Case Nos.975 and 976 of 2016.
AND OP be directed to pay companyplainant Rs.5,00,000/ as companypensation for causing mental stress, harassment and agony.
Provided that in the even of occurrence of any of the following events, the aforesaid date of possession shall automatically stand extended by a period by which the possession is delayed on account of such event s Non availability of steel, cement, other building of companystruction materials, water or electricity supply War, civil companymotion, strike, lockout, riots, acts of terrorism, epidemics, earthquake, flood, other act of God, any prohibitory order of any companyrt, tribunal or authority against the development of the said Properties Any numberice, order, rule, numberification, circular of the Government and or other public or companypetent authority, companyrt, tribunal or Quasi judicial body or authority Delay in getting NOC, permissions licenses, approvals, companysents, companynections, plans, occupancy, certificate, companypletion certificate and permissions from MCGM and other authorities bodies.
