MANOJ AGGARWAL Vs. ORRIS INFRASTRUCTURE PVT LTD

JUDGEMENT

(1.) These consumer complaints have been filed by the complainants Manoj Aggarwal & others who are the allottees of the project "Greenopolis" situated in Sector 89, Gurgaon alleging deficiency in service on the part of the opposite parties Orris Infrastructure Pvt. Ltd. &anr. As the complaints have been filed with more or less similar prayers against the same opposite parties, therefore, they are being decided together.

(2.) The brief facts of the case are that Complainants booked an apartment in August 2012 in OP's project "Greenopolis" for total consideration of Rs.1,02,93,719/-. Through allotment letter dated 21.08.2012, apartment no. 204 on 2nd floor in Tower-15 having a super area of 1957 Sq. Ft. was allotted. The Flat Buyer's Agreement was executed between the parties on 18.05.2013. The complainants obtained loan of Rs.75 Lakhs from SBI by executing a tripartite agreement and thereby complainants are still paying interest @ 9.1% per year on the loan amount. As per clause 5.1 of the agreement, the opposite party Three C Shelters Pvt. Ltd. shall complete the construction within 42 months inclusive of 6 months grace period from the date of allotment i.e. by 21.02.2016 but OPs failed to do so. Till date, Complainants have paid Rs.95,00,000/- to opposite party Orris Infrastructure Pvt. Ltd., where last installment was paid on 28.12.2015. The prayers made in the complaint are as follows:-

(3.) The brief facts of the case are that original allottee booked an apartment in OP's project "Greenopolis" for total consideration of Rs.1,05,89,280/-. Through allotment letter dated 28.08.2012, apartment no. 1403 on 14th floor in Tower-12A having a super area of approx. 2036 Sq. Ft. was allotted to the initial buyer and then endorsed in favour of the complainant on 07.01.2014. Agreement is dated 20.06.2013. For the timely payment of the installment amount, complainant obtained a loan of Rs.50 Lakhs from ICICI Bank. As per clause 5.1 of the agreement, OP Three C Shelters Pvt. Ltd. shall complete the construction within 42 months inclusive of 6 months grace period from the date of allotment i.e. by 28.02.2016 but opposite parties failed to do so. Till date, Complainant has paid Rs.86,67,077/- to the opposite party Three C Shelters Pvt. Ltd., where last installment was paid on 17.03.2016. The gist of the prayers made in the complaint is as follows:-