MILI JAIN Vs. WAVE CITY CENTRE PVT. LTD

JUDGEMENT

(1.) The present Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (in short "the Act") against M/s. Wave Mega City Centre Pvt. Ltd. (hereinafter referred to as "the Developer"), seeking the following reliefs:

(2.) The brief facts as set out in the Complaint are that the Complainants lured by the eye catching advertisements and assurances given by the representatives of the Developer, has applied for the allotment of an Apartment in the Group Housing Complex called "Wave City Centre" situated at Plot No. CC-001, Sector 25A and 32, Noida, Uttar Pradesh, in the year 2012. Vide Allotment Letter dated 19.07.2012, the Complainants were allotted an Apartment No. 1603 having super area of 1548.63 sq. feet (approx. 143.87 sq. Meter) on the 16 th Floor of Block No. 2B, Block Name-Amore, Tower No. A, Serviced Residence No. 3 in the aforesaid Group Housing Complex. An Allottee Arrangement was also executed between the parties on 19.07.2012 (for short, the "Agreement"). The total Sale Consideration for the Apartment was 1,10,23,922.66/-, which was exclusive of Preferential Location Charges, Lease Charges, Car Parking Charges etc. As per Clause 5.1 of the Agreement, the possession of the Apartment was to be delivered within 48 months from the date of the execution of the Agreement i.e. by July 2016 with a grace period of six months that means latest by December, 2016. It is further averred by the Complainants that they have been continuously following up with the Developer regarding the date of possession by visiting their office but the Developer has given fall assurances to the Complainants about the delivery of possession. Subsequently, the Complainants visited the site of construction and they were shocked to see that Tower No. A (Amore), wherein the Apartment was allotted to the Complainants was at an initial stage of construction. On making enquiries from the Technical Staff present at the site, the Complainants came to know that the completion of construction of Tower No. 1 (Amore) shall take at least another 2 to 3 years.

(3.) On 10.10.2016, the Complainants sent an email to the Developer asking about the exact date of delivery of possession but there was no response. Thereafter, the Complainants repeatedly visited the Registered Office of the Developer, but the Employees of the Developer were unable to give any reliable assurance with respect to completion of construction of the Project and their request of meeting with the Managing Director of the Developer was turned down. Finally, on 28. 06.2017, Complainants sent another email to the Developer asking for refund of the amount paid by them along with interest. It is alleged by the Complainants that the Developer was diverting the funds of the "Wave City Centre" to other Projects and that the Developer has not cleared the dues of the Noida Authority.