A Pune-based couple was in for a relief after the Telangana State Consumer Disputes Redressal Commission directed construction company Mantri Developers Pvt Limited to refund ₹40.24 lakh with 18% interest per annum for failing to deliver possession of an apartment in Serilingampally.
Commission President Justice M.S.K. Jaiswal was dealing with a complaint filed by Satyajit Suri (44) and his wife Anita Satyaji (37). They paid ₹40.24 lakh after obtaining a home loan from ICICI Bank for an apartment and parking space in Mantri Celestia. An agreement for ₹41.17 lakh was signed in November 2009 and construction was to be completed on or before May 31, 2012. They claimed that despite the agreement, the construction firm did not hand over possession.
The construction firm stated that the project was delayed due to ‘force majeure’ conditions, which was informed to the complainants in 2011, 2013 and 2014, and that they were required to pay the remainder. It also stated that ₹2.18 lakh was calculated as compensation for a delay in handing over possession. This and other amounts were deducted from balance and other costs of ₹6.24 lakh payable by the complainants.
The construction company stated that as per terms, apartment booking cannot be cancelled without obtaining NOC from the bank from which a loan is obtained. It also stated that construction has been ‘almost completed’.
Justice Jaiswal noted that while the firm proposed to pay compensation, it did not file ‘a single piece of paper to show readiness to pay compensation’. He stated that failure to deliver possession on time constitutes deficiency in service.
