ANKUSH SETHI Vs. IMPERIA STRUCTURES LTD

JUDGEMENT

(1.) This order shall dispose of three consumer complaints since all these complaints relate to the same project known as the "The ESFERA" located at Sector 37-C, Gurgaon-92, Haryana ( hereinafter referred to as the 'Project') and only the dates of booking and property numbers differ in each complaint and the matter in issue in all these complaints is same.

(2.) The brief facts of the case are that complainants vide application dated 12.10.2011, had applied for booking of flat in the project ESFERA of the opposite party. Allotment letter dated 10.03.2012 was issued to them and subsequently Builder Buyer Agreement was executed on 15.03.2013 and they were allotted apartment no. 602 in Tower 'É' on 6 th floor. As per Builder Buyer Agreement, possession was to be handed over within 42 months. The total consideration price of the flat was 64,32,965/- and they had paid sum of Rs.50,91,831/-. Their contention is that despite expiry of the period of 42 months, no possession had been offered to them till the filing of the complaint in the year 2019 and construction is also not complete. They had prayed for refund of deposited money alongwith interest @ 18% per annum, compensation for a sum of Rs.5,00,000/- and Rs.1,00,000/- as cost of litigation.

(3.) The brief facts of the case are that complainant vide application dated 07.02.2012 had applied for booking of flat in the said project and vide allotment letter dated 17.03.2012, flat no. 1101 in Tower É' on 11 th Floor was allotted to her and the Builder Buyer Agreement was executed on 19.09.2012. The total consideration price of the flat was Rs.74,20,250/-. According to the Builder Buyer Agreement, the possession was to be handed over after 42 months of the execution of Builder Buyer Agreement. The contention of the complainant is that she had paid a sum of Rs.67,30,539/- on several dates and the opposite party failed to give possession of the subject flat and had not made offer of possession till the filing of the complaint and had also not obtained occupation certificate even after expiry of so many years. On these contentions, she had prayed for refund of money alongwith interest @ 18% per annum, compensation for a sum of Rs.5,00,000/- and Rs.1,00,000/- as cost of litigation.