(Delivered on 26/09/2016)

Per Smt. Jayshree Yengal, Hon’ble Member

1. Complainant Mr. Mukesh Ratnakar Manjrekar has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986. alleging deficiency in service rendered by the opposite party ( for short OP) namely M/s Anurag Group (OP No. 1) through its partners who are OP Nos. 2 and 3 Shri Devendra Yashwantrao Bhoyar and Shri Chandrashekhar Revatkar by not completing the construction of the flat bearing No. 204 on 2^nd floor of Hansdhwani apartments near NIT Garden, Trimurti Nagar, Nagpur and  by not handing over its  possession and not executing the sale deed in favour of the complainant as per the agreement entered into in  between the parties.
2. Facts in brief as set out by the complainant in his complaint are as under.

Complainant Mr. Mukesh R. Manjrekar had booked a flat in the  housing scheme floated by the OP No. 1 M/s Anurag Group.  OP No. 2 Mr. Devendra Yashwantrao Bhoyar and OP No. 3 Shri Chandrashekhar Revatkar are the  partners of OP No. 1. The complainant booked a flat in the housing scheme floated by the OPs, for purchasing a flat bearing No. 204 on the second floor  of Hansdhwani apartments at Mauja Bhamati, Khasara No. 57, Plot No. 1, near NIT garden, Trimurti Nagar, Nagpur by executing an agreement between both the parties on 12/07/2010.  As per the agreement, the flat  was purchased for a valuable consideration of Rs. 22,00,000/-. The possession of the flat purchased by the complainant was to be handed over by the OP by 11/09/2011 as per terms and conditions of the agreement. It is the contention of the complainant that he paid Rs. 1,00,000/- by issuing two cheques of Rs. 50,000/- each dated 18/05/2009 and 28/07/2009  respectively to the OP. The OP also issued receipt towards the same to the complainant. The agreement was executed between both the parties on 12/07/2010 for total consideration of Rs. 22,00,000/-. It is further contended by the complainant that he had paid total amount of Rs. 7,00,000/- to the OP. However the OP had issued receipt for an amount of Rs. 6,00,000/- only. The OP had not issued receipt for Rs. 1,00,000/- as it had informed the complainant that Rs. 1,00,000/- would be utilized for acquiring electric meter, water connection etc. It is further contended by the complainant that according to the agreement to sell, the OP  would hand over possession of the flat to the complainant on 11/9/2011 and the complainant had in turn agreed to pay  the balance amount of Rs. 15,00,000/- to the OP at the time of taking possession of the flat. The OP however abruptly stopped the work of construction and also failed to complete and hand over the possession of the flat as per terms and conditions of the agreement. It is further contended by the complainant that he had utilized his entire saving for purchase of the flat but as it was not constructed and the possession was not given to him, he faced severe financial difficulty as he was required to reside  in rented premises and thus incurred further expense. The complainant was not only willing to pay the balance amount of Rs. 15,00,000/-  but also was willing to pay additional amount of Rs. 1,00,000/- for obtaining electricity connection, water connection and stamp duty for registration of sale-deed etc. As the OP failed to complete the construction work and hand over the possession of the flat within stipulated period, the complainant issued a legal notice on 29/06/2012 and 13/07/2012 calling upon the OP to complete the construction and hand over the possession of the flat booked by him  and expressed his willingness as stated above. The complainant in his complaint has further submitted that he   is incurring expenses of Rs. 6,000/- per month (Rs. 5,500/- towards rent + Rs. 500/- towards maintenance per month) towards rent of the  house where he is residing. The complainant is also suffering a loss on account of interest on Rs. 7,00,000/- which he has paid to the OP. Therefore he is entitled to compensation and damages as the OP failed to perform their part of the contract. Alleging accordingly the complainant filed consumer complaint before the District Forum, Nagpur and  sought for reliefs as aforesaid.

3. The District Forum, Nagpur by order dated 30/10/2014 had disposed of the former complaint of complainant with liberty to file before the State Commission for lack of its pecunaliry jurisdiction to decide that complaint. The complaint has thus come before us with this complaint and is well within limitation. The complainant has filed eight documents in support of the complaint which includes copy of the agreement dated 12/7/2010 executed between both the parties, copy of the receipts  bearing Nos. 301 to 304 issued by the OP to the complainant, copy of the legal notice issued by the complainant to the respondent, and copy of the order passed by the District Consumer Forum in former consumer complaint bearing No. 556 of 2012. 
4. Notice was issued to the OP. The OP Nos. 1 to 3 were proceeded exparte as none appeared though served with notice. The complaint is thus decided exparte against the OP.
5.  The complaint is filed on affidavit and there is no rebuttal  as the OPs are proceeded exparte as they failed to appear & file written version to resist  the complainant. We perused the agreement dated 12/7/2010 executed between the complainant and Anurag Group through Mr. Devendra Yashwantrao Bhoyar (OP No. 2). It clearly reflects the purchase of flat  bearing No. 204 situated  in Hansdhawani apartments at Trimurti Nagar, Nagpur admeasuring 806.23 sq.ft. It supports  the complaint about total consideration of Rs. 22,00,000/-  of the flat and the possession of the completed flat to be handed over by 11/9/2011. It also mentions acknowledgment of Rs. 1,00,000/- paid by the complainant to the OP by two cheques of 50,000/- each dated 18/7/2009 and 28/7/2009 respectively and Rs. 5,00,000/- by three cheques dated 12/7/2010 for an amount of Rs. 2,50,000+Rs. 1,50,000+Rs. 1,00,000/- each and balance of Rs. 16,00,000/- to be paid  from time to time as per the progress of construction till the possession. The payment of Rs. 6,00,000/- is supported by the receipts bearing Nos. 301,302,303 and 304 which are filed on record. The only inference that can be drawn from the aforesaid documents is that the complainant had booked a flat to be purchased in the housing scheme  Hansdhawni floated by the OP for a valuable consideration of Rs. 22,00,000/- and out of which  Rs. 6,00,000/- are paid by the complainant to the OP. The complainant is entitled to the possession of the flat after payment of balance amount towards total consideration.
6. The complainant has not brought any evidence on record in support of his contention that he is incurring expense of Rs. 6,000/- per month towards rent and further loss of interest on the amount already paid by him to the OP. The complainant is entitled for compensation for deficiency in service and unfair trade practice as the OP have not handed over the possession of the flat as per terms and condition of the agreement. They have opted to remain absent in the present proceeding and chose not to file their written version. In absence of any rebuttal, we have no hesitation to partly allow the complaint and for the foregoing reason, we pass the following order.

ORDER

1. Complaint is partly allowed.
2. The OP to complete the construction of the flat described  in the complaint and hand over its possession to the complainant and execute the sale-deed in favour of the complainant within three months from the date of receipt of copy of  this order.
3. The complainant to pay the balance amount of Rs. 16,00,000/- to the OP at the time of taking possession and execution of registered sale-deed. The complainant shall bear expenses of said sale-deed.   
4. The OPs to pay compensation to the complainant of Rs. 1,00,000/- for mental  and physical harassment and Rs. 10,000/- towards cost of proceedings.
5. Copy of order be furnished to both the parties, free of cost.