AARCITY BUILDERS PVT LTD Vs. SUBHASH SHARMA

JUDGEMENT

(1.) The petitioner, which is engaged in the business of development and construction of multistoreyed residential and commercial buildings, launched a project under the name "Aarcity Regency Park" in Sectors 9 and 11, Hisar, Haryana in 2012. Anandita Sharma and Anuradha Sharma, the daughters-in-law of Respondent 1 booked a 3 BHK flat admeasuring 1625 sq. ft. in the aforesaid Aarcity Regency Park project of the petitioner in 2012. They were allotted Flat No. D-0804, Tower D at the 8th Floor of the project construction. The basic costs of the flat was Rs.48,10,625.00. A Flat Buyer Agreement was executed between the petitioner and the daughters-in-law of Respondent 1 on 5/11/2012.

(2.) Subsequently, with the permission of the petitioner, the aforesaid flat was transferred by the daughters-in-law of Respondent 1 to Respondent 1 on 22/3/2013. Respondent 1 opted for payment under the "Construction Linked Plan". The daughters-in-law of Respondent 1 had, prior to doing so, deposited a total amount of Rs.21.00 lakhs towards the price chargeable in respect of the aforesaid flat.

(3.) Alleging that the construction on the project had come to a halt in February 2014, resulting in the petitioner not being able to deliver possession of the flat to Respondent 1 till November 2015 by which date possession was required to be delivered as per the Flat Buyer Agreement, the petitioner approached the learned State Consumer Disputes Redressal Commission, Haryana ("the learned SCDRC"), by way of Consumer Complaint 378/2017.