ANJANA RAJKUMAR Vs. CHD DEVELOPERS LIMITED

JUDGEMENT

(1.) The brief admitted facts of the case are that in May, 2014 the complainant had booked an apartment with the opposite party by paying an amount and they were allotted apartment no. 106-T08-09/01 measuring 3016 sq. ft. in 106 Golf Avenue, Gurgaon. On 7 th May, 2014 the Apartments Buyer Agreement was executed between the parties. As per the agreement the date of delivery of possession of the subject flat was in September, 2016. The complainant had so far paid a sum of Rs.1,50,70,488.00 on various dates. They had been promised vide emails of delivery of possession but till the filing of the complaint in the year 2019 the possession of the said flat was not delivered to the complainant. The complainant had alleged that this amounts to deficiency in service on the part of the opposite party. It is further contended that till the filing of the complaint the project was not completed and no occupancy certificate had been obtained by the opposite party. On these contentions the complainant has prayed for the refund of his deposited amount along with interest. The complainant in his complaint has prayed for the delivery of possession along with interest @ 18% p.a. on account of delay in handing over of the possession and in alternate the complainant had claimed refund of the deposited amount along with interest @ 18% p.a. as also claimed Rs.2.00 lakh as litigation cost and Rs.50,000.00 towards mental agony and harassment.

(2.) In the written version the opposite party has made several contentions. They have given detailed reasons for delay in completion of the project which they attributed to the several statutory authorities including RERA and HRERA. It is also contended that there was no deficiency in service on their part.

(3.) We have heard the arguments of learned counsel for the parties and perused the material on record.