Mr. Aashish Gurav Vs Mr. Kailas Patil

Decided On	05 Oct 2017
Appellant	Mr. Aashish Gurav
Respondent	Mr. Kailas Patil
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Summary

Case Summary

The complainant alleges that respondent is failure to give the possession of his booked flat no.301 in project ‘Kailash Heights’ situated at Kalwa, Dist. Thane.

The Complainant contends that the respondent is the proprietor of M/s Trinity Construction Company. The respondent executed the sale of agreement on 13.05.2011 in which the dates of possession is mentioned as within 18 months from the date of the agreement. The complainant claims the compensation of Rs.15 lacs towards the rent of last five years and the mental harassment. He also claims the Rs.18000 per month as future house rent till he gets the possession.

From the above fact, the respondent has failed to prove himself hence, the matter proceeds against him.

The complainant also shows the sale of agreement in which the respondent is also agreed with the date of possession. The respondent failed to give possession and hence, he incurs the liability to pay interest and in case of special-damage compensation also.

But, Complainant has failed to prove that he had incurred special damage so, he is not getting any compensation but he gets the simple interest at the current SBI rate of 8.15% plus 2% p.a. on the amount. The complainant also produces the amount’s receipts that shows a total amount of Rs.27, 52, 490/-, that he paid.

Conclusion by MahaRERA

The Order is declared by the authority that the respondent shall pay the monthly interest at the rate of 8.15% plus 2% on Rs.27,52,490/- from the date of 13.11.2012, till he delivers the possession of the flat to the complainant. The respondent shall clear the interest accrued till 30.09.2017 within one month of this order with the cost of complaint of Rs.10,000.