w w w . L a w y e r S e r v i c e s . i n



Morzaria Products LLP v/s Marvel Omega Builders Pvt. Ltd.


Company & Directors' Information:- S V CORPORATION LLP [Active] CIN = AAQ-7877

Company & Directors' Information:- MARVEL LIMITED [Active] CIN = U01132HR1996PLC033106

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- A P T AND CO LLP [] CIN = AAL-8025

Company & Directors' Information:- R D N A AND CO LLP [Active] CIN = AAM-4183

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- MARVEL INDIA LTD. [Strike Off] CIN = U40106WB1992PLC055331

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- C A P A (INDIA) LLP [] CIN = AAF-9325

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- MARVEL OMEGA BUILDERS PRIVATE LIMITED [Active] CIN = U45200PN2010PTC136620

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- MORZARIA PRODUCTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U51909KA1969PTC001844

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- MARVEL LIMITED. [Amalgamated] CIN = U74900HR2012PLC047770

Company & Directors' Information:- MORZARIA PRODUCTS LLP [] CIN = AAD-6767

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- A K L R & CO LLP [] CIN = AAK-5155

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- M D S & CO LLP [] CIN = AAF-2760

Company & Directors' Information:- A A A M & CO LLP [Active] CIN = AAT-1669

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- R C A AND CO LLP [Active] CIN = AAU-3441

Company & Directors' Information:- D B Y & CO LLP [] CIN = AAF-3364

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- C A N V A S & CO LLP [] CIN = AAG-1661

Company & Directors' Information:- D K C INDIA LLP [Active] CIN = AAZ-0766

Company & Directors' Information:- E I U INDIA LLP [] CIN = AAG-0189

Company & Directors' Information:- S S S R & COMPANY LLP [Active] CIN = AAS-6238

Company & Directors' Information:- OMEGA PRODUCTS PRIVATE LIMITED [Active] CIN = U32100MH2005PTC152056

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- J M K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24246OR2005PTC008446

Company & Directors' Information:- OMEGA BUILDERS LIMITED [Strike Off] CIN = U45202PB1998PLC021211

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- MARVEL INDIA PRIVATE LIMITED [Active] CIN = U74999HR2019PTC078405

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- M B S P & CO LLP [] CIN = AAI-4025

Company & Directors' Information:- Y N G AND CO LLP [] CIN = AAJ-6096

Company & Directors' Information:- ECOIRIA LLP [Active] CIN = AAO-2501

Company & Directors' Information:- V S K A & COMPANY LLP [Active] CIN = AAU-5542

Company & Directors' Information:- A M H K LLP [Active] CIN = AAZ-0237

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- F A M S & CO LLP [Active] CIN = AAU-9603

Company & Directors' Information:- N K R G AND CO LLP [Active] CIN = AAX-4256

Company & Directors' Information:- H N C P & CO LLP [Active] CIN = AAT-5981

Company & Directors' Information:- V G R A N D & CO LLP [Under Process Of Strike Off] CIN = AAO-5777

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- OMEGA BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201PN2001PTC015919

Company & Directors' Information:- MARVEL BUILDERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900MH2010PTC208238

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- R S A C & CO LLP [Active] CIN = AAX-1702

Company & Directors' Information:- K N BUILDERS LLP [Active] CIN = AAY-7017

Company & Directors' Information:- A B D AND CO LLP [] CIN = AAG-4228

Company & Directors' Information:- D G K T & CO LLP [Active] CIN = AAY-0763

Company & Directors' Information:- R H D B & CO LLP [] CIN = AAF-9564

Company & Directors' Information:- N J S R & CO LLP [Active] CIN = AAS-6904

Company & Directors' Information:- M J BUILDERS LLP [Active] CIN = AAN-1396

Company & Directors' Information:- G L BUILDERS LLP [Active] CIN = AAR-8447

Company & Directors' Information:- M S T S AND CO LLP [] CIN = AAJ-9789

Company & Directors' Information:- A G N & CO LLP [Active] CIN = AAT-3343

Company & Directors' Information:- A H S G & CO LLP [Active] CIN = AAU-8429

Company & Directors' Information:- S M B CORPORATION LLP [Active] CIN = ABA-6698

Company & Directors' Information:- J K J S & CO. LLP [] CIN = AAI-5880

Company & Directors' Information:- P R AND CO LLP [Active] CIN = AAN-4788

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- OMEGA BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70101DL1994PTC063427

Company & Directors' Information:- A B A M & CO. LLP [] CIN = AAF-2113

Company & Directors' Information:- M N S H & CO LLP [] CIN = AAG-4390

Company & Directors' Information:- T & R INDIA LLP [] CIN = AAH-4079

Company & Directors' Information:- S G S R & CO LLP [] CIN = AAH-3391

Company & Directors' Information:- D M M & COMPANY LLP [] CIN = AAJ-7431

Company & Directors' Information:- Y S K AND CO LLP [Active] CIN = AAN-5713

Company & Directors' Information:- S P R M & CO LLP [Active] CIN = AAZ-7910

Company & Directors' Information:- J K K & COMPANY LLP [Active] CIN = AAX-1522

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- K L S AND CO LLP [] CIN = AAJ-7210

Company & Directors' Information:- A Y K J & CO LLP [Active] CIN = AAS-7373

Company & Directors' Information:- K N A AND CO LLP [Active] CIN = AAU-0083

Company & Directors' Information:- H S K & CO LLP [Active] CIN = AAT-9072

Company & Directors' Information:- S D U AND CO LLP [Active] CIN = AAM-9609

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- OMEGA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74999PN2012PTC144583

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- MARVEL PVT LTD [Strike Off] CIN = U24299GJ1967PTC001450

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- A P A R & CO LLP [Active] CIN = AAS-8336

Company & Directors' Information:- A A M K & CO LLP [Active] CIN = AAT-0385

Company & Directors' Information:- V U D & CO LLP [Active] CIN = AAT-1391

Company & Directors' Information:- A K M W AND CO LLP [Active] CIN = AAF-4352

Company & Directors' Information:- I B PRODUCTS LLP [] CIN = AAG-2209

Company & Directors' Information:- S R I F BUILDERS LLP [] CIN = AAG-6426

Company & Directors' Information:- M B D & CO LLP [] CIN = AAG-6725

Company & Directors' Information:- S R J N & CO LLP [] CIN = AAH-0969

Company & Directors' Information:- A T M S & CO LLP [] CIN = AAH-2210

Company & Directors' Information:- J J J AND COMPANY LLP [] CIN = AAH-6513

Company & Directors' Information:- B G K & CO LLP [] CIN = AAI-2849

Company & Directors' Information:- M N K D & CO LLP [] CIN = AAI-9526

Company & Directors' Information:- D S R V AND CO LLP [] CIN = AAJ-5358

Company & Directors' Information:- K D M AND CO LLP [] CIN = AAJ-9144

Company & Directors' Information:- S P K G & CO LLP [] CIN = AAK-1705

Company & Directors' Information:- E. V. BUILDERS (INDIA) LLP [] CIN = AAK-2176

Company & Directors' Information:- V D S R & CO LLP [] CIN = AAK-2237

Company & Directors' Information:- M A S P N & CO LLP [] CIN = AAK-4575

Company & Directors' Information:- N P K & COMPANY LLP [] CIN = AAL-7453

Company & Directors' Information:- S S G G & CO LLP [Defunct] CIN = AAN-1510

Company & Directors' Information:- J B S K & CO LLP [Active] CIN = AAN-2033

Company & Directors' Information:- B M M A & CO LLP [Active] CIN = AAN-1144

Company & Directors' Information:- J N V AND CO LLP [Active] CIN = AAN-2581

Company & Directors' Information:- S K Y A & CO LLP [Defunct] CIN = AAN-4183

Company & Directors' Information:- D R P B AND CO LLP [Active] CIN = AAN-7871

Company & Directors' Information:- K K K BUILDERS LLP [Active] CIN = AAO-0907

Company & Directors' Information:- PALVIT DEVELOPERS LLP [Active] CIN = AAO-3310

Company & Directors' Information:- N G V R AND COMPANY LLP [Active] CIN = AAO-4093

Company & Directors' Information:- B D S D & CO LLP [Active] CIN = AAO-4834

Company & Directors' Information:- J A S N & CO LLP [Active] CIN = AAP-0336

Company & Directors' Information:- R S A G AND CO LLP [Active] CIN = AAP-1444

Company & Directors' Information:- D G K & CO LLP [Active] CIN = AAR-1732

Company & Directors' Information:- M J P T & CO LLP [Active] CIN = AAS-1307

Company & Directors' Information:- A B N P & CO. LLP [Active] CIN = AAS-5187

Company & Directors' Information:- P R P A & COMPANY LLP [Active] CIN = AAT-7868

Company & Directors' Information:- S M B C & COMPANY LLP [Active] CIN = AAU-0557

Company & Directors' Information:- L M R K & CO LLP [Active] CIN = AAV-4030

Company & Directors' Information:- S L B M AND CO LLP [Active] CIN = AAV-4289

Company & Directors' Information:- J S S T & CO LLP [Active] CIN = AAW-6401

Company & Directors' Information:- S J V & CO LLP [Active] CIN = AAW-6847

Company & Directors' Information:- V K & COMPANY LLP [Active] CIN = AAW-7564

Company & Directors' Information:- D A M & CO LLP [Active] CIN = AAW-8134

Company & Directors' Information:- V O K AND COMPANY LLP [Active] CIN = AAW-8164

Company & Directors' Information:- N A D & CO LLP [Active] CIN = AAW-9504

Company & Directors' Information:- A B R & CO LLP [Active] CIN = AAX-0331

Company & Directors' Information:- V H P A & CO LLP [Active] CIN = AAY-1712

Company & Directors' Information:- S N P R K AND CO LLP [Active] CIN = AAY-1761

Company & Directors' Information:- N C A P & COMPANY LLP [Active] CIN = AAY-2026

Company & Directors' Information:- N A M S & CO LLP [Active] CIN = AAZ-1136

Company & Directors' Information:- G G S B & CO LLP [Active] CIN = AAN-7106

Company & Directors' Information:- B M P S & CO LLP [Active] CIN = AAW-9364

Company & Directors' Information:- S K D M & CO LLP [Active] CIN = AAO-2808

Company & Directors' Information:- A S C B S R AND COMPANY LLP [Active] CIN = ABA-5394

Company & Directors' Information:- J K J & CO LLP [] CIN = AAE-5439

Company & Directors' Information:- S G C O & CO LLP [] CIN = AAI-0379

Company & Directors' Information:- G P S & CO LLP [] CIN = AAI-0872

Company & Directors' Information:- K K A B & CO LLP [] CIN = AAJ-3296

Company & Directors' Information:- C S D AND CO LLP [] CIN = AAJ-4629

Company & Directors' Information:- M P G V & CO LLP [] CIN = AAJ-5351

Company & Directors' Information:- A T S G & CO LLP [] CIN = AAK-3751

Company & Directors' Information:- G G S H & CO. LLP [] CIN = AAL-8083

Company & Directors' Information:- J N S V & CO LLP [Active] CIN = AAM-6900

Company & Directors' Information:- A T J & CO LLP [Active] CIN = AAN-1764

Company & Directors' Information:- S P K T & CO LLP [Active] CIN = AAN-7572

Company & Directors' Information:- S H A & CO LLP [Active] CIN = AAO-4028

Company & Directors' Information:- R S S P K & CO LLP [Under Process Of Strike Off] CIN = AAR-2109

Company & Directors' Information:- A A S S & COMPANY LLP [Active] CIN = AAT-4426

Company & Directors' Information:- R R S J & CO LLP [Active] CIN = AAV-8062

Company & Directors' Information:- J I BUILDERS LLP [Active] CIN = AAV-8368

Company & Directors' Information:- J K A J & CO LLP [Active] CIN = AAW-3946

Company & Directors' Information:- S S A A N & CO LLP [Active] CIN = AAX-4893

Company & Directors' Information:- A R B R & CO LLP [Active] CIN = AAX-6334

Company & Directors' Information:- S K B & COMPANY LLP [Active] CIN = AAT-5051

Company & Directors' Information:- P R S S & CO LLP [Active] CIN = AAW-2115

Company & Directors' Information:- V M V H AND CO LLP [Active] CIN = AAS-2193

Company & Directors' Information:- G A S A & CO LLP [Active] CIN = AAU-4365

Company & Directors' Information:- S P A S AND CO LLP [Active] CIN = AAS-9005

Company & Directors' Information:- S K R AND COMPANY LLP [Active] CIN = AAB-9330

Company & Directors' Information:- C S AND CO LLP [] CIN = AAL-5204

Company & Directors' Information:- G A R G S & CO LLP [Active] CIN = AAW-2727

Company & Directors' Information:- M M G S AND CO LLP [Active] CIN = AAW-8857

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

Company & Directors' Information:- A J M S & CO LLP [Active] CIN = AAS-6794

Company & Directors' Information:- S B S S & CO LLP [] CIN = AAG-2178

Company & Directors' Information:- P Y S & CO LLP [] CIN = AAG-9715

Company & Directors' Information:- A G A K & CO LLP [Active] CIN = AAN-5853

Company & Directors' Information:- P U M & CO LLP [Under Process Of Strike Off] CIN = AAP-1869

Company & Directors' Information:- P V R A & CO LLP [Active] CIN = AAP-2457

Company & Directors' Information:- K S N C & CO LLP [Active] CIN = AAQ-8095

Company & Directors' Information:- A R N P AND CO LLP [Active] CIN = AAS-7063

Company & Directors' Information:- N M G K & COMPANY LLP [Active] CIN = AAU-2181

Company & Directors' Information:- S H A P AND COMPANY LLP [Active] CIN = AAU-5309

Company & Directors' Information:- B K Y & CO LLP [Active] CIN = AAU-7172

Company & Directors' Information:- B R D P & CO LLP [Active] CIN = AAV-4924

Company & Directors' Information:- S S P M & COMPANY LLP [Active] CIN = AAW-8509

Company & Directors' Information:- B R M R & CO LLP [Active] CIN = AAY-2407

Company & Directors' Information:- P B R C & CO LLP [Active] CIN = AAW-9421

Company & Directors' Information:- S R B A & CO LLP [] CIN = AAF-9001

Company & Directors' Information:- C S M & CO LLP [Active] CIN = AAW-1462

Company & Directors' Information:- A C C A & CO LLP [] CIN = AAF-2112

Company & Directors' Information:- K A M AND CO LLP [Active] CIN = AAU-7380

Company & Directors' Information:- S C M K & CO LLP [Active] CIN = AAT-2422

    Consumer Case No. 598 of 2017

    Decided On, 17 January 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE R.K. AGRAWAL
    By, PRESIDENT & THE HONOURABLE MRS. M. SHREESHA
    By, MEMBER

    For the Complainant: Reeva Gujral, Shweta Vashist, Advocates, AditMorzaria, In Person. For the Opposite Parties: Vijay Kumar, Advocate.



Judgment Text


R.K. Agrawal, President, (J).

1. For the purpose of residence of its Director and his family, the Complainant had entered into an Agreement to Sell (Annexure-A) and a Construction Agreement (Annexure-B), both dated 1.5.2014, with one Marvel Ultra Realtors and Developers (Pune) Pvt. Ltd. (hereinafter referred to as Marvel Ultra Realtors & Developers), which, along with two other Companies (i) Zony Realtors & Developers Pvt. Ltd. and (ii) Windshield Developers Pvt. Ltd., was amalgamated with Marvel Omega Builders Pvt. Ltd., i.e. Opposite Party No. 1 herein, vide an order dated 4.3.2016 passed by the Hon’ble High Court of Bombay. While Opposite Party No. 1 is the absolute owner of Plot No. 7 (Old Plot No. 5B), situated at Primrose Road, Bangalore, admeasuring 888.52 sq. meters, Opposite Party No. 2 is the Chief Executive Officer of Marvel Ultra Realtors & Developers.

2. As per the Agreement to Sell, an undivided interest admeasuring 1261.95 sq. ft. (hereinafter referred to as Schedule-B Property), along with Apartment bearing No. 001, having a total built up area of 4,280 sq. ft. (hereinafter referred to as Schedule-C Property) in the building known as “Marvel Orial”, was to be transferred to the Complainant for an agreed sale consideration of Rs. 6,79,95,255. The Construction Agreement entered into between the Complainant and Opposite Party No. 1 specifies the terms and conditions in respect of the construction of the scheduled property, including the stipulation that the Complainant was required to pay a sum of Rs. 1,71,20,000 towards the cost of construction. Though as per Clause 5.1 of the Construction Agreement, Opposite Party No. 1 was required to complete the construction of the Apartment and deliver possession of the same to the Complainant on or before 30.12.2016, or within a penalty free grace period of six months, in view of requirement of the Complainant, it was an oral understanding between the parties that the possession would be delivered to the Complainant within a year from the date of execution of the aforesaid Agreements.

3. The Complainant paid a total amount of Rs. 5,76,00,000 towards the sale and cost of construction of the Apartment, between the period 12.7.2014 and 4.3.2015, in support of which the Complainant has placed on record the bank statement (Annexure-C colly). As the pace of construction was very slow, the Complainant made repeated requests to Opposite Party No. 1 to expedite the process of construction but the progress was unsatisfactory. The correspondence exchanged between the parties in this behalf is annexed as Annexure-D. As there was inordinate delay in the completion of the construction work and Opposite Party No. 1 was not able to adhere to the promised deadline to deliver possession of the Apartment booked, the Complainant vide letter dated 3.8.2015 (Annexure-E) sought refund of the amount of Rs. 5,76,00,000, to which it was replied to by Opposite Party No. 1 vide letter dated 4.8.2015 (Annexure-F) that the booking stood cancelled and the amount would be refunded to the Complainant. While Clause 7.4.1 of the Agreement to Sell provides that there will be no forfeiture of any amount of the sale consideration or any money payable under the Construction Agreement and that the Complainant will be entitled to refund of the entire amount paid under both the Agreements, Clause 7.4.2 provides that the refund will be made by the Seller only after it has resold the scheduled property.

4. While this was so and the Complainant had converted from a Private Limited Company to an LLP and Marvel Ultra Realtors & Developers with two other companies, referred to above, had amalgamated with Opposite Party No. 1 herein, Opposite Party No. 1 vide RTGS dated 1.10.2016 made part-payment of Rs. 1,00,00,000 and the remaining amount of Rs. 4,76,00,000 is still unpaid. Despite several reminders, including legal notice dated 15.10.2016, the remaining amount has not been paid to the Complainant.

5. Hence, the present Complaint by the Complainant, praying for (i) refund of the amount of Rs. 4,76,00,000, along with interest @ 18% p.a., (ii) Rs. 25,00,000 towards deficiency in service; (iii) Rs. 2,30,00,000 in lieu of mental harassment and agony caused to the Complainant; and (iv) Rs. 25,00,000 as legal expenses.

6. Upon notice, the Opposite Parties have filed the Written Version and denied the allegations levelled in the Complaint. It is, inter alia, stated therein that the Complaint is not maintainable and the Complainant ought to have filed a suit for specific performance for recovery or suit for recovery. Further, the Complainant is a defaulter and has not made the final payment as per the agreement entered into. When the Complainant itself has failed to make the entire payment, the delay, if any, cannot be attributed to the Opposite Parties. The construction of the flat in question is complete and the Opposite Parties are ready and willing to handover the possession of the flat within a short span of time, subject to full and final payment and Other necessary formalities. As per Clause 5.3 of the Construction Agreement, the date for delivering possession could have been extended and, therefore, it is not permissible for the Purchaser to terminate the Agreement. As per Clause 7.4.2 of the Agreement to Sell, the Opposite Parties are ready and willing to refund the amount to the Complainant only after selling out the property to the prospective buyer.

7. Heard the learned Counsel for the parties and perused the material on record. We are of the considered view that the Complaint deserves to be partly allowed.

8. By virtue of two Agreements entered into between the parties in the year 2014, viz. Agreement to Sell and Construction Agreement, stipulating therein that the possession would be delivered to the Complainant on or before 30.12.2016, the Complainant had purchased the scheduled property for the purpose of residence of its Director and his family. Admittedly, the possession of the scheduled property has not been delivered by the Opposite Parties, despite receiving a huge amount of Rs. 5,76,00,000 from the Complainant. In this view of the matter, we hold that the Complaint is maintainable under the Consumer Protection Act, 1986, as it is for the Complainant to decide whether it wants to file a Complaint under the Consumer Protection Act, 1986 or file a suit for specific performance of recovery or any other remedy, as available to it under law.

9. The payment made by the Complainant to the Opposite Parties comes to about 84% of the total sale consideration and the Opposite Parties have not indicated in their reply the stage, when the remaining amount of Rs. 1,03,95,255, which comes to about 16% of the total sale consideration, was to be made by the Complainant. Further, the averments made in the reply, filed by the Opposite Parties, show that they require some more time to handover the possession of the scheduled property, meaning thereby that the construction work is still not complete and there is no justification by the Opposite Parties for the delay so caused in the construction work and handing over possession of the scheduled property. In such a situation, if the remaining sale consideration was not paid by the Complainant, it cannot be said that it was a defaulter. In any case, it is common practice that before handing and taking possession, the seller and the purchaser ensure that all the dues are cleared, which stage has not come in the present case.

10. As per Clause 5.3 of the Construction Agreement, the date of delivering possession could have been extended by the Opposite Parties but there is no indication as to whether the said clause was resorted to by the Opposite Parties and, therefore, in view of incomplete construction work prevailing then, the Complainant was within its right to terminate the Agreements and seek refund of the amount paid.

11. Coming to Clause 7.4.2 of the Agreement to sell, we find that the Opposite Parties were obliged to make refund of the amount to the Complainant only after selling out the property in question to the prospective buyer but the interregnum period, between the date when the prayer for refund is made and the date when the refund is actually made, cannot be indefinite. There must be some sense of reasonability. The Complainant had sought for refund on 3.8.2015 and still the refund has not been made. This period of over four years is certainly unreasonable and there is no indication in the reply filed by the Opposite Parties that they had tried their best to sell the property in question to the prospective buyer in order to make the refund to the Complainant.

12. In view of the above and having glanced through the photographs placed on record by the Complainant, as on 20.2.2019, it is apparent that the construction work is still incomplete and till date the Opposite Parties have not been able to deliver possession of the scheduled property. In view of the decisions of the Hon’ble Supreme Court in Kolkata West International City Pvt. Ltd. v. DevasisRudra, II

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(2019) CPJ 29 (SC)=III (2019) SLT 631 and Pioneer Urban Land & Infrastructure Ltd. v. GovindanRaghavan, II (2019) CPJ 34 (SC)=III (2019) SLT 435, which are somewhat similar matters inter alia relating to non-delivery of possession of the flat/house, the Complainant cannot be made to wait for a long period and, therefore, the Complainant is entitled for refund of the deposited amount with some reasonable interest. In our considered opinion, the interest @ 18% p.a., sought for by the Complainant, is on higher side and simple interest @ 10% p.a. would meet the ends of justice. 13. Accordingly, the present Complaint is partly allowed with the direction to the Opposite Parties to refund the amount deposited by the Complainant, i.e. Rs. 4,76,00,000, with interest @ 10% p.a. from the date of respective payments till realization, as also a sum of Rs. 25,000 as litigation expenses, within two months from the date a certified copy of this order is produced before them. Complaint partly allowed.
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