VINITA GOYAL D/O RAJ KUMAR GUPTA GALI PEER WALLI, NEAR GEETA BHAWAN, SIRSA AND ORS Vs. UNITECH LIMITED AND ORS

JUDGEMENT

(1.) THIS complaint has been filed under Section 17 of the Consumer Protection Act, 1986 (for short "the Act") before this Commission.

(2.) IT is the case of the complainants that they booked a flat bearing No.203 -B, measuring 875 Sq. Ft., with the opposite parties in the project known by the name 'The Arcadia', at South City, Gurgaon. The sale consideration of Rs.17,93,750/ - was paid.

(3.) IT is further the case of the complainants that as per the agreement dated May 16th, 2007 (Annexure C -2), the possession of the flat was to be delivered within 30 months of the execution of agreement subject to the payment of the entire amount due and payable by the purchasers to the vendors. The opposite parties later on increased the super area from 875 Sq. ft to 895 Sq. ft and offered the possession of the flat on April 14th, 2011, that is, after more than 52 months of the booking. The opposite parties further demanded (i) a sum of Rs.2,50,000/ - on account of car parking charges and service tax thereon; (ii) Rs.5000/ - on account of Misc. charges and; (iii) Rs.65/ - per sq. ft instead of Rs.50/ - per sq. ft on account of interest free security charges. Inspite of the fact that the complainants had paid the entire sale consideration as per the agreement, the opposite parties failed to execute the sale -deed in favour of the complainants and to hand over the possession of the premises. As per Article 4 of the agreement (Annexure C -2), the opposite parties were liable to pay penalty @ Rs.8/ - per Sq. Ft per month and as per statement (Annexure C -4), a sum of Rs.1,28,800/ - has accumulated towards the opposite parties as penalty on account of delay in delivery of possession. The demand on account of car parking charges is wholly illegal and unfair. Since the opposite parties are providing only 50% of the super area as carpet area, thereby keeping other 50% area as common area/common utility services, there cannot be justification for demand of separate charges for car parking area. The opposite parties are trying to resell the area by terming it as car parking area for which the complainants have already made payment. Thus, alleging deficiency in service and unfair trade practice on the part of the opposite parties, the complainants have sought the following directions: -