AMIT KUMAR Vs. M/S IMPERIA STRUCTURE LTD

JUDGEMENT

(1.) The present Consumer Complaints have been filed under Section 12(1)(a) read with Section 21 of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants against Opposite Party, M/s. Imperia Structure Ltd. (hereinafter referred to as the Developer) seeking refund of the entire deposited amount collected from them as the Opposite Party Developer failed to hand-over the possession of the Flats booked by them in the Project launched by the Developer in the name and style of "the ESFERA" situated at Sector 37 C, Gurgaon - Dwarka Expressway.

(2.) Since the facts involved in these Complaints are similar except for minor variations in the Flats numbers and their sale consideration, these Complaints are being disposed off by this common Order. However, for the sake of convenience, facts as enumerated in Consumer Complaint No. 1044 of 2018 have been discussed at length herein.

(3.) The brief facts as set out in the Complaint are that the Opposite Party Developer launched a residential housing scheme known as the "The ESFERA" situated Sector 37-C, Gurgaon-Dwarka Expressway Haryana (hereinafter referred to as 'the Project') in the year 2012. It is stated that the Project was widely advertised by the Developer.Alluring by the advertisement by the Opposite Party Developer, the Complainant approached the Developer where he was assured that the entire Project would be completed with all the facilities as mentioned in the brochures and possession would be delivered within 36 months. On the basis of the assurance given, the Complainant booked a Flat No. 303, 3 rd Floor, E Block in the said Project by paying a sum of 6,46,374/- on 28.05.2012.As per demand of the Developer, Complainant made payment of 6,46,374/- and 13,07,998/- on 12.07.2012 and 12.08.2012 respectively.Vide letter dated 12.08.2013 the Developer sent Apartment Buyer Agreement, which had arbitrary terms and conditions.Vide E-mail dated 25.04.2013, the Complainant raised objection against the arbitrary terms and conditions of the Agreement, in response to which the Developer replied that it is a standard format and it could not be changed.The Complainant had to sign the one-sided Apartment Buyer Agreement (hereinafter referred to as 'the Agreement'), under the threat of forfeiture of huge amount. The Agreement was executed between the Parties on 12 th August 2013.It is also averred that the Developer has charged Preferential Location Charges (PLC) towards park facing location but there is no place for park as of now.It is also averred that the Opposite Party Developer illegally divided the Project into two phases - Phase I for Towers G, H and I and Phase 2 for Towers A, B, C, D, E.It is averred that as per Clause 10.1 of the Agreement, the promised date of delivery was 12.02.2016 but till date the construction has not been completed.The Complainant had deposited a sum of 76,32,142/- with the Opposite Party Developer towards a major part of the sale consideration.Despite that the Opposite Party Developer miserably failed to hand over the possession of the Flat booked by him.It is also averred whenever the Complainant enquired about the date of possession of the Flat every time the Opposite Party Developer gives time of another few months for possession.Alleging Deficiency in Service and Unfair Trade Practices on the part of the Opposite Party Developer, the Complainant has thus filed the present Consumer Complaint with the following prayer: