PAWAN K. AGGARWAL Vs. SEPSET PROPERTIES PVT. LTD.

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short "the Act") by Pawan K. Aggarwal (hereinafter referred to as the Complainant) against Opposite Party No.1, M/s. Sepset Properties Private Limited (hereinafter referred to as the Developer) and Opposite Party No. 2, Paras Buildtech India Pvt. Ltd., seeking refund of the amount paid towards purchase of Flat alongwith interest as the Opposite Party Developer failed to hand-over the possession of the Flat booked by him in the Project launched by the Developer in the name and style of "Paras Dew" to be developed at Sector 106, Dwarka Expressway, Gurgaon, Haryana.

(2.) Brief facts as narrated in the Complaint are that influenced with the alluring and attractive promises made and marketing material presented by M/s Sepset Properties Pvt. Ltd., Opposite Party No.1, (hereinafter referred to as the Developer) and Paras Buildtech India Pvt. Ltd., Opposite Party No.2, who were involved in the creation and development of various residential townships in the National Capital Region, in respect of their one of the Projects, christened as "Paras Dew" (hereinafter referred to as the Project) to be developed at Sector 106, Dwarka Expressway, Gurgaon, Haryana, and in order to spend his old age in comfort and to provide his family a quality standard of living, the Complainant, a Senior Citizen, had booked a residential Unit having Super Area of 1760 sq. ft., in the Project by paying booking amount of Rs. 7.50 Lakhs on 29.12.2012. The sale consideration of the Unit was Rs. 1,08,22,400/-. Vide Allotment letter dated 10.01.2013, Unit No. T-B/1401 situated at the 14th Floor was allotted to the Complainant, for which Flat Buyer's Agreement, (hereinafter referred to as the Agreement) was executed between the Parties on 04.04.2013, i.e. after about three months of the booking made by the Complainant.By the said time, the Complainant had paid his hard earned money, amounting to Rs. 1,03,29,242/-, which constitutes 96% of the sale consideration, as demanded by the Developer. The advertisement/brochure issued by the Opposite Parties stated that the Project would have: eco-friendly habitat, designed with very pristine view for rewarding living experience; various other necessary and recreational facilities, like exclusive club house, children's play area, swimming pool, jogging and walking tracks, amphitheatre, multi-purpose hall etc.; manned security on entrance gates; water supply through underground supply lines and overhead tanks, rain water harvesting system; fire detection as per safety norms, electrical wiring in concealed conduits, power back-up etc.It is averred that the Developer continued to collect the instalments from the Complainant though they were not in a position to deliver the Project as per the promised date of delivery.Though the documents prior to the execution of the Agreement were endorsed with logo, goodwill and name of Opposite Party No.2, which was one of the verticals of the 'Paras Group' and its vision was to enhance lifestyles by crafting state-of-the-art residential projects, high-end commercial spaces etc., but the Agreement was executed only between the Complainant and the Developer and Opposite Party No.2 was not a Party to it.

(3.) As per Clause 3.1 of the Agreement, the possession of the Unit was to be handed over to the Complainant within a period of 42 months plus an additional grace period of 6 months from the date of execution of the Agreement, i.e. by 04.04.2017.The said Clause reads as follows: