Manas Developers vs Madhur Arjun Bhabal

THE brief statement of facts of this case is as follows. M/s. Manas Developers, the petitioner/OP, are the Builders and Developers. They allotted flat No. 804, located at 8th floor, measuring 669 sq.ft., to the complainants, Sh. Madhur Arjun Bhabal and Smt. Mangal Arjun Bhabal, in this case, on 24.08.2005 and their agreement was registered on 31.10.2005. It was agreed that they would pay the price of the flat in the sum of Rs.7,35,900/ -. The OP received a sum of Rs.75,000/ - at the time of execution of the said agreement. The complainants have paid the following amounts, in the year 2007, as mentioned at page 20 of the paper -book : - JUDGEMENT_19_LAWS(NCD)3_2015.htm

THE complainants also paid transfer fee of Rs. 19,000/ - and stamp duty, registration fee and copying fee of Rs.35,850/ - to the OP.

THE only controversy which swirls around the question is, "Whether, the above said amount was paid within the prescribed period or the complainants were defaulters or they did not pay the interest up till now -. This is an admitted fact that the complainants are defaulters. They did not pay the amount, on time. However, their delayed amounts were accepted by the OP. This is also an indisputable fact that they did not pay the interest @ 18% p.a., as agreed in the Agreement. The District Forum passed the following order : - "Complaint No.200/2008 is allowed. From the date of pronouncement of the Order, the Opponent No.1 and 2 has to comply the following orders within 45 days. Possession of the disputed flat the hand over to the Complainant along with the necessary documents. b. From 29/11/07, the interest on the amount Rs.7,85,935/ - (Seven lacs Eighty five thousand nine hundred and thirty five) till date of the Order at the rate of Rupees 8% p.a. be given to the Complainant. c. Compensation Rs.45,000/ - (Forty five thousand only) towards mental agony. d. Legal cost Rs.5,000/ - (Five thousand only) 2. If the Opponent failed to comply the above order within the specified period mentioned above, the Complainant is entitled to recover additional interest at 4% p.a. from the Opponent".

AN appeal was filed before the State Commission. The State Commission partly allowed the appeal filed by the OP and passed the following order : - "1. The Appeal is partly allowed. 2. Order in respect of delivery of possession, compensation for mental agony and cost of litigation as passed by District Consumer Forum is maintained. 3. The respondent shall pay interest of Rs.1,02,788/ - to the appellant as he failed to pay amount of Rs.5,21,079/ - from 17/2/2006 as observed in the order. 4. The appellant shall pay interest of Rs.2,65,110/ - to the respondent on amount of Rs.7,65,785/ - till the decision of appeal and also pay interest @ 18% p.a., on said amount till actual delivery of possession of flat. 5. In the facts of case no cost of appeal. 6. Dictated on dias, in the presence of parties. 7. Appeal accordingly stands disposed of".

THUS , it is clear that the complainants have not paid the amount in accordance with the agreement. They were supposed to pay the amount vide as per the progress of the building. It is noteworthy to record that they did not pay the amount from 17.02.2006 to 23.03.2007. There is no dispute about it. The complainants are ready and willing to pay interest @ Rs.1,02,788/ - to the OP as they failed to pay the amount of Rs.5,21,079/ - from 17.02.2006, as both the fora below have already observed.

HOWEVER , it is difficult to fathom why the compensation was imposed upon the OP when it has yet not received the entire amount. The complainants are defaulters. A defaulter is not to be awarded. Their plea of getting delayed possession is not to be entertained because they have not paid the interest. How the OP can deliver them the possession, without getting the entire payment including the interest?. The fora below did not ponder over this question and went on to levy interest for the delayed period. Unless or until the entire amount is paid to the OP, it cannot be criticized for delaying the matter. Consequently, we set aside the orders passed by the fora below and direct that interest be paid, by the complainants, if not already paid, within 45 days'' from the date of receipt of copy of this order and the possession be given after receipt of the entire amount, within another 45 days'' from the receipt of copy of this order. Succinctly stated, the complainants must get possession of the flat, within 90 days'' from the date of receipt of copy of this order, after payment of interest. If the OP does not put the complainants/respondents in possession of the flat, penal interest @ 15% p.a., will be charged and payable by it, to the complainants, after the expiry of 90 days'', till compliance. Accordingly, the revision petition stands disposed of.