VINEET SETHI Vs. IREO PVT. LTD.

JUDGEMENT

(1.) This consumer complaint has been filed by the complainants Vineet Sethi and anr. against the opposite party M/s. Ireo Pvt. Ltd.

(2.) Brief facts of the case are that In October, 2014, the complainants expressed their desire to purchase an apartment on the assurance that the said apartment would be ready and possession would be handed over in 6 months i.e. by March 2015. Total value of the flat was Rs.2,02,13,673/-. A loan to purchase the apartment was approved in favour of complainant on 26.09.2014, amount being Rs.2 crore. On 05.10.2014, an amount of Rs.5 lacs was paid as booking amount. The opposite party assured the complainants that they would be entitled to apartment No. B 2303 on 22nd floor with exclusive right to use 1 nos. parking spaces. Buyers agreement was forwarded in December 2014 which did not reflect promises between complainants and opposite party. Possession was issued in last week of October, 2015. When the agreement was entered between the parties, it was categorically agreed that the net basic price would be Rs.9500 per sq.ft. and all other charges such as external development charges (EDC),infrastructure development charges, infra up-gradation charges and club membership charges were specifically spelt out and it was agreed that no amount other than these charges, would be payable. However, at the time of offer of possession, the opposite party demanded hidden and erroneous charges such as infra augmentation charges, labour cess applicable carrying cost, recovery towards the cost on account of other indirect taxes, gas laying and meter charges. Complainants had already paid EDC and IDC of Rs.7,80,339/- Opposite party was seeking unjustified increase in cost of flat by insisting on illegal and unjustified charges. Hence the complainants have filed the present complaint with the following prayers:-

(3.) The complaint has been resisted by the opposite party by filing the written statement. It has been stated by the opposite party that complainant failed to make the payment of due instalments as a result of which the allotment of the apartment was cancelled, vide letter dated 3.5.2016. Complainant is not a consumer as he has other investments in various properties. Complainant persuaded the opposite party to allot the apartment in question to them with promise to execute all documents as per format of the opposite party and to make all due payments. The complainant stopped making payments whereas the opposite party had to continue with the development and construction of the apartment with its own funds and finances and also had to incur interest liability towards its bankers. Opposite party stated that the complainants were never ready to take possession as they did not have enough funds to make payments of balance instalments. Allotment letter was issued on 13.11.2014. Apartment buyer's agreement was sent to complainant for their sign on 21.11.2014. Opposite party has received only 35% of the total sale consideration from the complainant but has completed the construction from their own funds. It is wrong that opposite party was demanding illegal chargers, all the charges demanded were as per specific and agreed terms and conditions. Lapse and delay was on the part of the complainants and thus they are liable to pay holding charges being Rs.5,91,800/-. Time initially agreed for possession was 6 months with 6 months grace period, plus 12 months with delay compensation. It was requested to dismiss the complaint on these grounds.