GOPAL DAS MUNDHRA Vs. OZONE PROJECTS PVT. LTD

JUDGEMENT

(1.) These Complaints have been filed by the Complainants under Section 21 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") against Ozone Projects Private Limited. As all these Consumer Complaints are relating to the same Project, i.e., "The Metrozone" and the issues involved are more or less similar, hence all these Consumer Complaints are being disposed of by this Common Order.

(2.) For the sake of convenience Consumer Complaint No. 2044 of 2017 is being taken as the lead case.

(3.) The brief facts as stated in the Complaint are that the Complainants lured by the attractive advertisements of the Project "The Metrozone" of the Opposite Party, on 10.06.2009, booked a Flat No. R-904, admeasuring 2661 sq. ft. in the said Project by paying an advance amount of Rs.5,00,000/- to the Opposite Party. Thereafter, on 23.08.2009, the Complainants entered into an Agreement for Sale and Construction Agreement with the Opposite Party for the aforementioned Flat for a total sale consideration of Rs.1,62,41,932/- (Cost of Land Rs.29,12,000 + Cost of Constructions Rs.1,32,29,931). As per Delivery Schedule mentioned in Annexure-3 of the Construction Agreement the possession of the Flat was to be delivered in January, 2012. It is stated that the Complainants in total paid a sum of Rs.1,69,68,520/- by availing a Housing Loan from HDFC Bank for an amount of Rs.1,00,00,000/-. It is alleged that the Opposite Party failed to hand over the possession of the Flat on agreed time despite having received substantial amount and arbitrarily changed the scheduled dates many times. The possession of the Flat was finally handed over to the Complainants on 01.09.2015, with the delay of 43 months, which caused mental agony, harassment and financial loss to the Complainants.