State Consumer Disputes Redressal CommissionMrs.Anita V.Singh And Mr.Virendra ... vs M/S.Mangal Morya Developers Through ... on 29 June, 2022CC-18-1007\n\n\n\n         STATE CONSUMER DISPUTES REDRESSAL COMMISSION,\n                    MAHARASHTRA, MUMBAI\n\n                      Consumer Complaint No.CC/18/1007\n\nMrs.Anita V. Singh\nMr.Virendra B.Singh\nR/o.5/8, MSEDCL Colony\nNavaghar, Vasai (E)                      ...........Complainants\nVersus\nM/s.Mangal Morya Developers\nThrough its partner\n1.Mr.Avinash Vikram Dhole\nR/o.Shop no.3, Building no.23\nSec 7, Bhavya Heights\nChikhal Dongari\nVirar (West), District Palghar 401 303\n2.Mr.Pradeep H. Patil\nR/at.Ram Mandir Ali, Vartak Ward\nVirar (W), Taluka Vasai,\nDistrict Thane\nOffice at -10, Shripal Flatping Center\nNear Petrol pump, Station Road\nVirar (W) 401 303\n3.Mr.Willium Anthony Tuscano\nR/o.Daulat House, Ghosali Nandakhal\nAgashi, Virar (W), Palghar\n4.Mr.Rahul Suresh Kawli\nKawali Ali, Cross Naka, S.M.Kawli Marg\nAgashi, Virar (W), Palghar                       ............Opponents\n\nBEFORE:     Justice S.P.Tavade President\n            Smt.S.T.Barne, Judicial Member\n\n                                                                                 1\n                                                                              CC-18-1007\nPRESENT: Ms.Bhagyashri Dhamapurkar-Advocate for complainants\n         None present for opponents.\n\n                                      ORDER\n\n                                  (29th June, 2022)\n\nPer Hon'ble Smt.S.T.Barne, Judicial Member1.     The complainants-Mrs.Anita V. Singh and Mr.Virendra B.Singhhave filed\nthis consumer complaint undersection 12of Consumer Protection Act, 1986. The\ncomplainants are resident of Vasai (E). The Opponent - M/s.Mangal Morya\nDevelopers is a partnership firm having office at Virar (West). The opponents are\nthe builders and contractor of residential apartment. The opponent nos.1 to 4 are the\npartners in the firm.2.      It is the case of complainants that in the year 2014, opponents gave\nadvertisement of their project namely 'Daulat Heights', situated at Survey no.35,\nHissa no.8, Survey no.36, Hissa no.6/9, Village Agashi, Agashi Road, Olanda\nNaka, close to Ancient Jain Temple, Virar (W). On going through the advertisement\nof opponents, the complainants approached them.              They represented the\ncomplainants that they were constructing buildings as per plan sanctioned by\nplanning authority and they would complete the work within 36 months. Therefore,\ncomplainants booked the flat no.907, admeasuring 655 sq.ft. at the rate of Rs.2800/-\nper sq.ft. for total consideration of Rs.18,34,000/-.       The complainants paid\nRs.21,000/- towards booking charges and Rs.14,00,000/- towards the consideration.\nThereupon, the opponents issued allotment letter dated 31/03/2014 to the\ncomplainants. The complainants thereupon visited the opponents and insisted to\nexecute registered agreement to sale, but the opponents rejected the same.\nThereafter, on 18/06/2014, the opponents executed Memorandum of Understanding\n(M.O.U.).3.    It is further contention of the complainants that they wanted to raise loan for2CC-18-1007\nthe purpose of balance consideration. Therefore, as per MOU, to execute Mortgage\nDeed, the complainants approached to opponents to provide them documents\nrelated to the project. But the opponents avoided to provide the documents. Then\nthe complainants visited the office of opponents, where the opponents have given\nproforma of sale deed to complainants. The opponents represented the complainants\nthat they would execute the document, after sometime as they have some legal\nissues and tax issues regarding registration. Complainants on believing the\nopponents did not insist for the same.4.      It is further contention of the complainants that the opponnets have received\n75% of the amount of consideration of flat. The opponents have thereafter avoided\nto issue demand letter for remaining amount, and also started avoiding to receive\ncalls. The complainants visited the office of opponents and asked the possession of\nflat and registration of sale deed of flat in their favour. The opponents assured them\nthat they would give the possession as soon as possible and construct the building\nand transfer the flat as per rules ofMaharashtra Ownership Flats Act, 1963. The\ncomplainants insisted the opponents from time to time, however, the opponents\nhave no intention to complete the construction and to give possession by executing\nregistered sale deed. The opponents also avoided to give documents of title to raise\nloan.5.      The opponents have adopted unfair trade practice. Complainants are ready to\npay balance amount on demand by opponents as per agreed terms. The\ncomplainants have also filed complaint under RERA. However, said complaint is\nwithdrawn. The opponents though received more than 20% of the amount, failed to\nexecute the registered agreement in violation ofMaharashtra Ownership Flats Act,\n1963.6.       Due to non execution of agreement and delivery of flat on the part of\nopponents, complainants are feeling mental tension since last several years and\ncould not purchase a flat for their own use. Hence, the complainants have filed3CC-18-1007\nconsumer complaint for deficiency in service on the part of opponents.               The\ncomplainants are seeking relief of possession and execution of registered sale deed.\nThey have also claimed an amount of Rs.5,00,000/- towards mental agony and\ncompensation of Rs.1,00,000/- towards litigation charges.7.    Opponent nos.1 & 2 though served with the notice but remained absent and\nhence, consumer complaint is already proceeded ex-parte against the opponents.8.     Complainants in support of their contention have produced the documents\nalong with list, Exhibit-4, documents bearing no.C-4 to C-33 consisting of true\ncopies of partnership deed, brochure, MOU, bank statement, allotment letter issued\nby opponent no.1 in respect of flat in question, copy of passbook of saving account\nof complainants, RERA court order and affidavit of evidence of complainant no.1.\nThe complainants have re-agitated the contents in the complaint in affidavit filed by\ncomplainant no.1 and notes of arguments. Entire evidence adduced by the\ncomplainants by way of affidavit and documents remained unchallenged as the\nopponents failed to appear in spite of service of notice by paper publication.9.    From the aforesaid documents it reveals that the complainants booked the flat\nin the project undertaken by opponent no.1 - M/s.Mangal Morya Developers for\npurchase of flat no.907 admeasuring 655 sq.ft. in 'Daulat Heights', situated at\nSurvey no.35, Hissa no.8, Survey no.36, Hissa no.6/9, Village Agashi, Agashi\nRoad, Olanda Naka, close to Ancient Jain Temple, Virar (W) for total consideration\nof Rs.18,34,000/-. Opponent no.1 has also received an amount of Rs.14,00,000/-\ntowards part consideration. Opponent no.1 accordingly issued Allotment letter with\npayment receipt which are at page nos.C-18 to C-20. As stated by complainant in\nthe affidavit of evidence, in spite of several requests, opponent no.1 failed to\ncommence the construction and to execute registered agreement and to deliver\npossession.10.   In the affidavit also, complainant has stated that they approached opponents\nand opponents have also given assurance to hand over the possession of flat. Thus,4CC-18-1007\nit reveals that opponent no.1 though received major part of consideration of\nRs.14,00,000/- from the complainants and assured to sell the flat on the project\nundertaken by him, he failed to complete the construction within two years. Thus,\nthe opponents are responsible for causing deficiency in service and/or unfair trade\npractice towards complainant. Here the complainants claimed possession of flat or\nin the alternative, refund of consideration paid by him towards purchase of flat and\namount towards the mental agony and litigation charges.                 According to\ncomplainants, it is not possible for them to purchase another flat and due to attitude\non the part of both the opponents, they suffered from mental agony. It reveals that\nthe amount of Rs.14,00,000/- is lying with the opponents since April 2014.\nComplainants could not get the benefit in spite of investing the amount for purchase\nof flat for such a longer period till this date. Hence, in the circumstances, it will be\njust and proper to pass the following order:-ORDER1. Consumer complaint is partly allowed.2. The complainants shall deposit the balance consideration of Rs.4,34,000/- of\n\n      agreement, within 30 days from receipt of this order.3. Opponent nos.1 to 4 shall execute the registered sale deed of the flat no.907\n\n      admeasuring 655 sq.ft. in 'Daulat Heights', situated at Survey no.35, Hissa\n\n      no.8, Survey no.36, Hissa no.6/9, Village Agashi, Agashi Road, Olanda\n\n      Naka, close to Ancient Jain Temple, Virar (W), in favour of complainants\n\n      within 30 days, on depositing balance consideration as agreed in the\n\n      Allotment Letter, and to hand over the possession of said flat to the\n\n      complainants.5CC-18-10074. Opponent nos.1 to 4 shall also pay an amount of Rs.50,000/- towards mental\n\n        agony and Rs.20,000/- towards costs of proceeding.5. The opponent nos.1 to 4 jointly and severally shall pay the aforesaid amounts\n\n        to complainant within three months from the date of receipt of this order,\n\n        failing which, the complainants are entitled to get interest at the rate of 18%\n\n        p.a. on the aforesaid amounts awarded, from the date of this order.6. Inform the parties accordingly.[Justice S.P.Tavade]\n                                                                              President\n\n\n\n                                                                     [Smt.S.T.Barne]\n                                                                     Judicial Member\nMs6