Per Mr. Justice A.P.Bhangale, Hon’ble President

1. This is a complaint filed by senior citizen aged about 69 years approximately today, is awaiting outcome of building project which were an apartments to be constructed by the Nagpur Housing  and Area Development Board at Wad Dhamna known as 29 Bungalows made for HIG (Higher Income Group). The complainant after considering the communication dated 4/3/2013 from the OP through Area Manager  accepted the proposal to get one Bungalow  in the scheme of ‘29 Bungalows’ at Wad Dhamna, Tah. & Distt. Nagpur meant  for Higher Income Group. Approximately, the OP had promised to construct the building for consideration of Rs. 17,45,000/- each of those Bungalows in their advertisement. However, by communication dated 4/3/2013, the enhanced price was mentioned approximately as 22,96,530/-. The complainant was hoping to get agreement in his favour for 30 years from the OP for total consideration of Rs. 22,96,530/- Price already paid and accepted by the OP. The complainant had to avail of loan in the sum of Rs. 20,00,000/- in order to purchase the Bungalow from the Uco Bank as 80 percent of the price was raised by loan repayable at interest. The OP had also by their letter dated 12/06/2019, No. NB/7121/2014/EM-2, from the OP’s office certified the complainant as  Allottee  in the 29 Bunglow scheme meant for Higher Income Group at Wad Dhamna, Tah. & Distt. Nagpur. Each bungalow has built up area of 660.77 sq. ft.  The tentative sale price of  the bungalow is 21,21,754 as on 19/12/2013. On the basis of which also informing the complainant by the certificate letter that complainant will have to pay interest at the rate of 14.25% per annum if he delayed the payment for purchase of the bungalow.
2. The grievance of the complainant is that though complainant was ready and willing to pay and infact paid the consideration for the lease documents for 30 years in respect of bungalow to be allotted  in favour of the complainant in the 29 Bungalow scheme at Wad Dhamna (Higher Income Group), the complainant is still awaiting allotment and possession of the bungalow though he is already at advanced age now. The OP has failed to deliver the bungalow to the complainant.
3. According to the learned advocate for complainant, the OP has failed to construct the scheme of bungalows as promised. Our attention is invited to the ruling in the case of Haryana State Agricultural Marketing Board Vs. Bishamber Dayal Goyal and Ors. reported in AIR 2014(SC) Page No. 1766 to argue that when  for long time, the OP has failed to perform promise in respect of construction of the bungalow, allotment thereof and placing the complainant in actual and lawful possession thereof. The complainant in such case,  would be entitled to claim refund of the amount together with interest at the rate of 14.25 percent which the OP had demanded for allotment  and development by the complainant to pay the amount.
4. Learned advocate for the respondent stated that he has no full instruction as to whether 29 bungalow scheme has been constructed or not. He has no instruction regarding sanctioned plan so as to complete the building project and to allot  bungalow to the complainant from the scheme as sanctioned.   
5. Under the facts and circumstances, we are satisfied that there was a gross deficiency in service on the part of the OP though they have received consideration for the contract in the sum of Rs. 22,96,530/- but they have failed to construct the building project in accordance with law so as to complete the same to allot the bungalow and to place complainant in lawful occupation of the bungalow. The OP is therefore is blame worthy for deficiency in service as above. We  therefore partly allow this complaint holding that OP is guilty of deficiency in service. The OP is directed to complete the building project of 29 bungalow  at Wad Dhamna (Higher Income Group ) and to inform the complainant of the allotment of the bungalow so as to place the complainant in  lawful occupation of one of those allotted  bungalow to the complainant  within three months from the date of this order and to execute lease deed for 30 years or saledeed as the case may be in accordance with the offer made by the OP.  In the alternative at the option of complainant the OP shall refund  the amount of Rs. 22,96,530/- together with interest at the rate of 14.25 percent per annum from the date of the payment made of the amount till realization.
6. The complainant shall also be entitled to claim compensation in the  sum of Rs. 50,000/- for mental and physical harassment as  also delay in completion of building project. The OP shall therefore pay an amount of Rs. 50,000/- to the complainant as compensation.
7. The OP shall also pay  litigation costs in the sum of Rs. 25,000/- to the complainant.
8. In the event, the amounts are not paid within 3 months, the amounts shall carry interest at the enhanced rate of 18 percent per annum from the OP on outstanding dues payable from the date of payment including cost and compensation thereof. The complaint is disposed of accordingly. No order as to costs.