ROHIT VERMA Vs. SUPERTECH LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Section 21 read with Section 12 (1) (a) of the Consumer Protection Act, 1986 by Complainants against Opposite Parties i.e., Supertech Limited and Sarv Realtors Private Realtors, in relation to the Project "Supertech Hues" situated at Sector 68, Gurgaon, Haryana.

(2.) The facts leading upto the present Complaint are that the Complainants had booked a Unit in the project "Supertech Hues" situated at Sector 68, Gurgaon, Haryana which was being developed by Opposite Party No. 1. On 13.10.2013, the Complainants had paid a booking amount of Rs.6,00,000/-. On 23.09.2014, OP No. 1 executed the Buyer Developer Agreement and allotted a Unit bearing No. 0103 to the Complainants. As per clause 24 of the Agreement, possession of the Unit was to be delivered to the Complainants in 42 months, i.e. by April 2017 with an additional grace period of 6 months, i.e. latest by October 2017. On 11.09.2014, a Tripartite Agreement was executed between the Complainants, OP No. 1 and HDFC bank and accordingly, HDFC bank had sanctioned a loan of Rs.75,00,000/- to the Complainants vide loan agreement dated 30.09.2014 and the entire loan amount was disbursed by HDFC bank on 19.01.2018. As per the Complainants, they regularly followed up with OP No. 1 regarding the progress of the project and were assured that the construction was going on as per schedule. However, contrary to the assurances of OP No. 1, possession of the Unit was not delivered by the stipulated date. As per the 'Statement of Account' issued by OP No. 1, as on January 2018, OP No. 1 had collected an amount of Rs.91,83,830/- from the Complainants in spite of which possession was not delivered. It is also submitted that that the project had been transferred to OP No. 2, which was impleaded as a necessary party.

(3.) Aggrieved, the Complainant is before this Commission with following prayer:-