State Consumer Disputes Redressal Commission
Mr. Salvio Alva vs M/S Ravi Development on 6 January, 2026
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Consumer Complaint No. CC/16/62
Mr. Savio Alva
Age: 35 years, Occ: Service
Through Power of Attorney Holder
Mr. Staney Alva
Age: 78 years, Occ: Retired
Residing at:
B/106, Jamuna Co-op Housing Society Ltd.,
I. C. Colony, Road No. 5, Borivali (West),
Mumbai-400 103. ...... Complainant
Versus
1) M/s. Ravi Developments
A Partnership Firm
Add: Laxmi Palace, Mathuradas Road,
Kandivali (West),
Mumbai-400 067. ..... Opposite Party no.1
2) ING Vysya Bank Ltd.
Acquired/ Took over by Kotak Mahindra Bank
Consumer Finance Division
Bonanza Arcade, 3rd Floor,
S.V. Road, Amboli Naka,
Andheri (West), Mumbai - 400058. ..... Opposite Party no.2
BEFORE:
Hon'ble Ms. Poonam V. Maharshi, Presiding Member
Hon'ble Dr. Nisha Amol Chavhan, Member
CC/16/62 Page 2 of 20
APPEARANCE:
For the Complainant: Advocate Sajira Jondhale
For Opposite Party No.1: Advocate Prasad C. Apte
JUDGMENT
(Date: 06-01-2026)
Per: Hon'ble Dr. Nisha Amol Chavhan, Member
1. The present Consumer Complaint No. CC/62/2016 is filed under S.17 (1) (a) (i) of the Consumer Protection Act-1986. (The 'C.P. Act' for short) by the complainant against opposite parties.
2. The complainant alleged deficiency in service and unfair trade practice in relation to non-completion of construction, non- obtaining the occupation certificate and failure to deliver possession of Flat. The reliefs sought include possession with occupancy certificate of Flat No. 1103 on the 11th floor, in A-Wing in the Building known as "GAURAV SAFFRON", located at Ghodbunder, Mira Road (East), Thane after receiving the balance consideration of the Flat as per the terms of Agreement for Sale dated 31/05/2011 or in the alternative an equivalent flat in the same vicinity, together with compensation for delay, rent reimbursement, and litigation costs or in alternate Opposite Party no.1 to pay to the Complainants the proportionate Current Market Value as on the date of passing of the final Order/disposal of the above numbered Complaint as per the Stamp Duty Ready Reckoner's Rate. (As per Stamp Dirty Ready Reckoner, 2015 the value of the flat is Rs. 28,00,022/- or To direct the Opposite Party NAC+RRP CC/16/62 Page 3 of 20 no.1 to refund to the Complainant the interest @ 24% p.a. on the sum of Rs. 20,31,704/- from the date of payment of the amount till the date of realization of the said amount by the Complainant;
Case of the complaint
3. It is the case of the complainant that, the present Complaint is filed by the Power of Attorney Holder of the Complainant-MR. Staney Alva who is the father of the Complainant- Mr. Savio Alvaand. He submitted that the Opposite Party no. 1 is a Partnership Firm formed and registered under the Indian Partnership Act, 1932, and the Opposite Party no. 2 is a Bank from which the Complainant has availed housing loan.
4. The Complainant submitted that the Opposite Party no. 1 was constructing a Building named as "GAURAV SAFFRON", Wings A & B, having stilt + 16 Upper Floors located at Ghodbunder, Mira Road (East), Thane. After getting the knowledge about the said Project, on 27/04/2011, the Complainant booked a Flat with the Opposite party no. 1 bearing no. 1103 on the 11th Floor in Wing "A" admeasuring 468 sq. ft. carpet area in the building known as Gaurav Saffron, located at Ghodbunder, Mira Road (East), Thane for total consideration of Rs. 28,56,000/- with the Opposite parties and accordingly the Opposite parties have issued Allotment Letter dated 27/04/2011 to the Complainant.
5. The Complainant further submitted that the Opposite party no. 1 executed Agreement for Sale on 31/05/2011 with the Complainant which is duly stamped and registered. The Complainant stated that he has paid the sum of Rs. 1, 53,960/-& NAC+RRP CC/16/62 Page 4 of 20 Rs. 28,560/- towards Stamp Duty and Registration Charges respectively.
6. The Complainant submitted that below mentioned are the particulars of the Payment made to the Opposite party no. 1:
Sr. Date Particulars Amount (Rs)
No
1 27/04/2011 Cheque no. 114648 1,00,000/-
2 09/05/2011 Cheque no. 114650 5,515/-
3 17/05/2011 Cheque no. 114649 4,71,200/-
4 31/05/2011 ING Vysya Bank vide 13,70,880/-
DD No. 203503
5 02/06/2011 Cheque no. 72461 5,515/-
6 02/06/2011 Cheque no. 72462 5,010/-
7 Cheque no. 72463 3,080/-
8 16/06/2011 ING Vysya Bank vide 70,504/
DD
Total 20,31,704/
7. It is submitted that, 71% of the total consideration is paid to the Opposite Parties. The Complainant further submitted that he has also taken Home Loan amounting to sum of Rs.25, 01,320/- from Opposite party no. 2 and the said loan was sanctioned on 30/05/2011. The Complainant submitted that he has borrowed home loan from the Bank so that the Complainant can make payment of instalments on time and will also be able get possession of the Flat as per the agreed terms between both the NAC+RRP CC/16/62 Page 5 of 20 parties. The Complainant submitted that he is paying EMI till date. On 04/07/2011, complainant received a Reminder Letter from the Opposite party no. 1 demanding sum of Rs. 361732.66/- from the Complainant. Before that he had never received any Demand Letter from the Opposite party prior to the Letter dated 04/07/2011. Therefore, the contentions of the Opposite party no. 1 that several reminders were issued to the Complainant are false and wrong. The Complainant submitted that in reply to the said Letter dated 04/07/2011, an E-mail was addressed to the Opposite party no. 1 on 09/07/2011 wherein the Complainant had specifically mentioned that no demand letter was received by him prior to 04/07/2011. The Complainant was also informed by one Mr. Ravindra from Accounts Department that the Complainant will have to pay only the sum of Rs. 2,57,040/- and not the interest mentioned therein.
8. The Complainant submitted that on 27/07/2011, ING VYSYA BANK addressed an E-mail to the Complainant asking the Opposite party no. 1 to submit Amended Approved Plans and CC so that the further amount can be disbursed. Same was intimated to the Opposite party on the same day through an E-mail.
9. The Complainant submitted that, on 04/08/2011 the Opposite party no. 1 addressed another Demand Letter to the Complainant stating that "in spite of our first / several reminders and follow up, regarding the outstanding dues payable by you, we have not received any payments and hence we are compelled to give you reminder notice for paying the outstanding sum of Rs. 3.43.705.66/-.". The Complainant submitted that again the NAC+RRP CC/16/62 Page 6 of 20 Opposite party issued demand notice without annexing any Architect Certificate / Supervisor Report regarding completion of the slab work. The Complainant submitted that in reply to the Demand Notice dated 04/08/2011, an Email dated 08/08/2015 was addressed by the Complainant to the Opposite party no. 1 stating that the Complainant had been assured by Mr. Ravindra that a combined CC has been applied for the 6th to 11th floor and the said will be handed over to the Complainant till 16/08/2011. The Complainant also brought to the notice of the Opposite party no. 1 that sum of Rs. 3.43.705.66/- and the interest of Rs. 8,000/ demanded by the Opposite party is illegal and unlawful as the Opposite party no. 1 has not obtained CC. The Complainant submitted that one more Reminder Notice / Demand Notice dated 07/05/2012 was issued amounting to sum of Rs. 5,23,480/- wherein interest was of Rs. 93,251/-.
10. The Complainant submitted that, on 31/01/2013. Complainant had written a Letter to the Opposite party no. 1 addressing all his grievances regarding failure of the Opposite party no. 1 to handover a copy of combined CC for 7th till 16 floor, and false promises and assurances made by the Opposite parties that they will obtain CC within period of 3 to 4 months. The Complainant also intimated the Opposite parties that the he had visited to the SA construction site in the month of March, 2011 and was shocked to see that the construction work of the building was stopped and the reason given by the security guard that since the workers were not paid their wages and hence they have suspended the work.
NAC+RRP CC/16/62 Page 7 of 20
11. The Complainant further informed the Opposite party no. 1 that on enquiring with Mr. Roshan & Mr. Ravindra about the reason for stoppage of the construction work, the Complainant was informed that due to some legal formalities the construction work is stopped and it will be started again within 2 months. The Complainant had also visited construction site on 24/01/2013 and noticed that the construction work has not started. It is pertinent to note that there was no construction work at site and during the stoppage period of construction work the Opposite parties were sending Demand Notice to the Complainant without annexing Architect Certificate or Supervisor Report. The Complainant also reminded the Opposite parties the he had promised to handover the possession of the Flat on or before September, 2012 which he has filed to perform and the Complainant was constrained to request the Opposite party no. 1 to transfer this agreement to another project with ready possession or refund the entire amount paid to the Opposite party no. 1 along with the interest paid to the Bank and also Stamp Duty and Registration Charges. The Complainant submitted that a Letter was addressed to the Opposite party on 28/02/2013, requesting the Opposite party no. 1 to transfer the agreement to a ready possession flat of the Opposite party no. 1 due to delayed possession of the Flat booked by the Complainant. The Complainant further submit that again the Complainant brought to the notice of the Opposite party all the deficiencies committed by the Opposite party.
12. The Complainant submitted that on 07/03/2013, the Opposite party no. 1 issued another Demand Notice to the NAC+RRP CC/16/62 Page 8 of 20 Complainant amounting to sum of Rs. 6,49,824/-. Again without annexing Architect Certificate / Supervisor Report wherein the Opposite party no. 1 had also charged the Complainant with Interest on Instalments, Interest on Service Tax, Interest on VAT, Penalty on Service Tax, Penalty on VAT and also Society Charges. The Complainant submitted that all the interest charged and the penalties imposed by the Opposite parties are illegal and unlawful as there was no construction work in progress and the Opposite party no. 1 were trying only to extort Complainant's hard earned money from him in illegal and unlawful manner. He contended that due to fraudulent and unscrupulous behaviour of the Opposite party no. 1, on 06/04/2013, a Complaint was filed against the Opposite party no. 1 before the Consumer Commission by the residents of Gaurav Woods Ph-1.
13. The Complainant submitted that, he had also expressed the hardship, stress & tension faced by him due to irresponsible, negligent, unscrupulous behaviour and unfair trade practice of the Opposite party no.1. Therefore, the Complainant, prayed that in the interest of justice that this e Commission may be pleased to grant the following reliefs:-
1) To hold and declare that the Opposite Party no.1 is guilty of deficiency in service and unfair trade practice as per the provisions of the Consumer Protection Act, 1986;
2) To direct the Opposite Party no.1 to complete the construction work of the said building and to obtain the Occupation Certificate and Building Completion Certificate;
NAC+RRP CC/16/62 Page 9 of 20
3) To direct the Opposite Party no.1 to hand over to the Complainant vacant, and peaceful possession of Flat no. 1103 on 11th floor in A-Wing in the Building known as "GAURAV SAFFRON", located at Ghod bunder, Mira Road (East), Thane after receiving the balance consideration of the Flat as per the terms of Agreement for Sale dated 31/05/2011.
OR, IN ALTERNATE,
4) To direct the Opposite Party no.1to handover the vacant and peaceful possession of any other flat of the same area with similar configuration in the same building or in the same locality after accepting the balance consideration as per the agreed terms and execute Agreement for Sale in favour of the Complainant by obtaining Occupation Certificate and Building Completion Certificate. OR, IN ALTERNATE
5) To direct the Opposite Party no.1 to pay to the Complainants the proportionate Current Market Value as on the date of passing of the final Order/disposal of the above numbered Complaint as per the Stamp Duty Ready Reckoner's Rate. (As per Stamp Dirty Ready Reckoner, 2015 the value of the flat is Rs. 28,00,022/-
6) To direct the Opposite Party no.1 to refund to the Complainant the interest @ 24% p.a. on the sum of Rs. 20,31,704/- (Rupees Twenty Lakhs Thirty One Thousand Seven Hundred and Four Only) from the date of payment of the amount till the date of realization of the said amount by the Complainant;
NAC+RRP CC/16/62 Page 10 of 20
7) To direct the Opposite Party no.1 to pay to the Complainant a sum of Rs. 5,00,000/- towards the compensation for the stress, inconvenience, harassment, mental torture & agony suffered by the Complainant;
8) To direct the Opposite Party no.1 to pay to the Complainant a sum of Rs. 1,50,000/- towards the Legal and incidental expenses incurred by the Complainant; For such other and further relief as this Commission may deem fit and proper in the nature and circumstances of the above numbered Complaint.
14. The complainant has filed copy of the letters of the communication with the opponents, evidence affidavit to support his version. Upon admission of the complaint, notice was issued to both opposite parties. They appeared through counsel and filed their Written Version with documents; the pleadings of both sides have been taken on record.
Contention of the Opposite Party No.1
15. In defence, Opponent No.1 submitted that, the complaint as framed and filed is misconceived and untenable in law and as such deserves to be dismissed with compensatory costs.
16. Opponent No.1 submitted that the complaint does not spell out any deficiency in services provided by Opposite Party No. 1 and proceeds on the false and frivolous grounds. The Complainant is in fact filed 01/12/23 seeking to take advantage of his own default and/or non-performance of obligations. The complaint therefore deserves to be dismissed on this ground also. That the facts NAC+RRP CC/16/62 Page 11 of 20 mentioned in the Complaint do not constitute any deficiency in service at all and therefore the complaint is not maintainable and deserves to be dismissed on this ground alone.
17. That, the Opposite Party No. 1 is still ready and willing to perform its part of obligations and therefore the Opposite Party No. 1 on several occasions called upon the complainant and offered alternative option, which the complainant refused straightaway. That such uncouth attitude of the Complainant has left the Opposite Party No. 1 to do nothing but to refund the amount paid by the Complainant to the Opposite Party No. 1.
18. That from the facts and circumstances as mentioned herein above it is crystal clear that there is no deficiency in the services rendered by the Opposite Party No. 1 as provided under the provision of Consumer Protection Act, and hence present Complaint is liable to be dismissed with cost.
19. That, the Opposite Party No. 1 had received only the payment mentioned at Serial No. 1, 3 & 4 as mentioned in complaint total amounting to Rs. 19,42,080/- and further deny the payment mentioned at Serial Number 2, 5, 6, 7 & 8. This fact can very well be confirmed from the complaint itself wherein the Complainant has only annexed the receipt of only three payments as mentioned hereinabove and claiming on the other payments which he has never made in fact.
20. That, Reminder Letter was sent to the Complainant to clear the outstanding due as on date which is a regular practice and the Complainant was required to clear the due amount on the receipt NAC+RRP CC/16/62 Page 12 of 20 of the same. The Opposite Party further deny that, the Complainant was informed by Mr. Ravindra Rana that he will have to pay only the sum of Rs. 2,57,040/- and not the interest mentioned therein as no such employee works in the Account Department. Therefore it is a cooked story of the Complainant himself to take due advantage and to avoid to pay the interest payable.
21. That the construction work of the building was stopped, and the reason given by the security guards that since the worker were not paid their wages and hence they have suspended the work is totally false and cooked up story of the complainant and put the complainant to the strict proof thereof. The Opposite Party further deny that the Opposite Party No. 1 was extorting the money from the complainant. The payment was called upon only according to the construction work and the Opposite Party No. 1 never adopted any illegal and unlawful manner to extort money from the complainant.
22. It is denied that any complaint was filed by the Gaurav Woods Phase-1 with the National Consumer. Till date the Opposite Party No. 1 has not been served with any complaint of above-mentioned society and put the complainant to the strict proof thereof. In fact the document annexed by the complainant in the complaint is a printout from internet wherein the alleged complaint appears to have been addressed to the Commissioner, MBMC and not to National Commission. The complainant has annexed the said article just to misguide this Hon'ble Court and nothing else.
NAC+RRP CC/16/62 Page 13 of 20
23. That, due to slide in the real estate market, the project was getting delay and hence on many occasions the Opposite Party No. 1 requested the complainant to wait for some time, but the complainant was not ready to wait and therefore writing one after another letter to pressurize the Opposite Party No. 1 to meet his illegal demands such as Rent for which the Opposite Party No. 1 never agreed with the complainant. That considering the request made by the complainant the Opposite Party No. 1 had agreed and still ready to accommodate the complainant alternate flat, but the complainant was so steady on his terms and conditions which this Opposite Party can't fulfil. The Opposite Party No. 1 is still ready and willing to accommodate the complainant in alternate flat.
24. That, the Opposite Party No. 1 was ready and still ready and willing to handover alternate accommodation to the Complainant in its other project, but it was the complainant who was not ready to co-operate with the Opposite Party No. 1 and always wanted to settle the things on his own terms and conditions which is not possible for this Opposite Party to fulfil. In the facts and circumstances above mentioned and in the interest of justice, equity, good conscience and fair play the present consumer complaint deserves to be dismissed with compensatory cost. Therefore, he Prayed that the present consumer complaint be dismissed with costs. Any other and further order as this Hon'ble Commission may deem fit and proper in the circumstances of the case.
25. Heard the learned advocates for the parties at length; perused the complaint with annexures, the Written Version of Opposite NAC+RRP CC/16/62 Page 14 of 20 parties, the affidavits of evidence of the complainant and Opposite Parties and the documents placed on record; upon a comprehensive appraisal of the pleadings, materials and submissions available, the following points arise for our determination and are answered as set out hereinafter.
Sr. Points Findings
No.
1 Whether this commission having Affirmative
power to entertain this complaint?
2 Whether Opposite Party No.1 is guilty Affirmative
of deficiency in service in relation to the subject flat?
3 Whether Opposite Party No.1 is guilty Affirmative of unfair trade practice in relation to the subject flat?
4 What order? As per final Order REASONS As to point no.1
26. A consumer invoking the jurisdiction of the Commission can seek such reliefs as he considers appropriate. A consumer can pray for refund of the money with interest and compensation. The consumer could also ask for possession of the property with compensation. The consumer can also make a prayer for both in the alternative. If a consumer prays for refund of the amount, without an alternative prayer, the Commission will recognize such NAC+RRP CC/16/62 Page 15 of 20 a right and grant it, of course subject to the merits of the case. If a consumer seeks alternative reliefs, the Commission will consider the matter in the facts and circumstances of the case and will pass appropriate orders as justice demands. This position is similar to the mandate under Section 18 of the RERA Act. Section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) deals with the return of amounts and compensation to allottee in various situations. This section protects allottee from builders who fail to deliver properties on time or do not fulfil their contractual obligations. If a builder fails to deliver possession as per the agreement, the allottee can withdraw from the project and get their money back with interest, as per the prescribed rate. In view of our finding given as to have point No.1 in affirmative, it has become clear that, in this case, this commission having power to entertain this complaint.
As to point no.2
27. We may hasten to clarify that the power to direct refund of the amount and to compensate a consumer for the deficiency in not delivering the flat as per the terms of Agreement is within the jurisdiction of the Consumer Commission. Under Section 18 read with Section 14 of the Consumer Protection Act-1986, if the Commission is satisfied that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to, return to the complainant the price or as the case may be, the charges paid by the complainant.
28. 'Deficiency' is defined under Section 2(g) of the Consumer Protection Act-1986, to include any shortcoming or inadequacy in NAC+RRP CC/16/62 Page 16 of 20 performance which has been undertaken by a person in pursuance of a contract or otherwise relating to any service. It is clear from the statutory position that the Commission is empowered to direct refund of the price or the charges paid by the consumer.
29. In this present case, after the perusal of record, this commission observed that, the Opposite Party No. 1 himself admitted in his written notes of argument (page No.2, Para No.6) that he is still ready and willing to perform its part of obligations and therefore the Opposite Party No. 1 on several occasions called upon the complainant and offered alternative option. But as per the contention of complainant, did not provide the possession of flat till date, it is come under the deficiency in service. In view of our finding given as to have point No.2 in Affirmative, it has become clear that, in this case Opponent NO.1 has done deficiency in service.
As to point no.3
30. The Consumer Protection Act, 1986 defines "unfair trade practice" as any trade practice that employs unfair or deceptive methods to promote the sale, use, or supply of goods or services. This definition is outlined in Section 2(1)(r) of the Act.
31. In the present case, the builder's failure to deliver possession of the flat and obtain a Completion Certificate (CC) as stipulated in the Agreement to sell establishes Unfair Trade Practice under Section 2(1) (r) of the Consumer Protection Act, 1986. The builder misrepresented project timelines, delayed handover, and neglected statutory obligations, causing financial loss and mental distress to NAC+RRP CC/16/62 Page 17 of 20 the complainant. In view of our finding given as to have point No.3 in Affirmative. It has become clear that, in this case Opponent NO.1 has done Unfair Trade Practice as he did not provide the possession of flat as well as CC.
As to point no.4
32. In view of our findings as to point no.2 & 3 in Affirmative, it is clear that the opponent No.1 has committed deficiency in service as well as unfair trade practice towards the complainant. Therefore, this commission came to the conclusion that complaint is hereby needs to be allowed. It is directed to the opponent No.1 to complete the construction work of the said building and to obtain the Occupation Certificate and Building Completion Certificate; and to hand over to the Complainant vacant, and peaceful possession of Flat no. 1103 on 11th floor in A-Wing in the Building known as "GAURAV SAFFRON", located at Ghod bunder, Mira Road (East), Thane, after receiving the balance consideration of the Flat as per the terms of Agreement for Sale dated 31/05/2011. If not possible to comply this, in alternate, it is directed to Opponent No.1 to handover the vacant and peaceful possession of any other flat of the same area with similar configuration in the same building or in the same locality after accepting the balance consideration from the Complainant at the time of the possession and obtain Occupation Certificate and Building Completion Certificate within 3 months from this order. Or in alternate, Opposite Party no.1 to pay to the Complainants the proportionate Current Market Value as on the date of passing of the final Order/disposal of the above numbered Complaint as per the Stamp Duty Ready Reckoner's Rate. (As per Stamp Dirty NAC+RRP CC/16/62 Page 18 of 20 Ready Reckoner, 2015 the value of the flat is Rs. 28,00,022/- or the Opposite Party no.1 to refund the sum of Rs. 20,31,704/- with 12% PA from the date of payment of the amount till the date of realization of the said amount by the Complainant.
33. In addition it is directed to the to pay to the sum of Rs. 1,00,000/-towards the compensation for the stress, inconvenience, harassment, mental torture & agony suffered by the Complainant; As well as pay to the Complainant a sum of Rs. 1,50,000/- towards the Legal and incidental expenses incurred by the Complainant. Hence, in an answer to point no. 4 we pass the following order.
ORDER
1. Complaint is hereby partly allowed.
2. It is directed to the opponent No.1 to complete the construction work of the said building and to obtain the Occupation Certificate and Building Completion Certificate; and to hand over vacant, and peaceful possession of Flat no. 1103 on 11th floor in A-Wing in the Building known as "GAURAV SAFFRON", located at Ghod bunder, Mira Road (East), Thane, after receiving the balance consideration from the Complainant at the time of giving possession.
3. In alternate, at the option of Complainant, it is directed to Opponent No.1 to handover the vacant and peaceful possession of any other flat of the NAC+RRP CC/16/62 Page 19 of 20 same area with similar configuration in the same building or in the same locality after accepting the balance consideration as per the agreed terms and execute Agreement for Sale in favour of the Complainant by obtaining Occupation Certificate and Building Completion Certificate within 3 months from this order.
4. In alternate, at the option of Complainant, it is directed to Opponent No.1 to pay to the proportionate Current Market Value as on the date of passing of the final order of the above numbered Complaint as per the Stamp Duty Ready Reckoner's Rate.
5. In alternate at the option of Complainant, it is directed to Opponent No.1 to refund the sum of Rs. 20,31,704/- with 12% PA from the date of payment of the amount till the date of realization of the said amount by the Complainant.
6. It is directed to the Opponent No.1 to pay to sum of Rs. 1,00,000/- towards the compensation for the stress, inconvenience, harassment, mental torture & agony suffered by the Complainant; As well as pay the sum of Rs.1,50,000/- towards the Legal and incidental expenses incurred by the Complainant.
NAC+RRP CC/16/62 Page 20 of 20
7. The copy of the judgment be furnished to the both side free of cost.
[Poonam V. Maharshi] Presiding Member [Dr. Nisha Amol Chavhan] Member NAC+RRP