DISHANK MALIK Vs. RAMPRASTHA PROMOTERS & DEVELOPERS LIMITED

JUDGEMENT

(1.) The admitted facts in the present complaint are that complainants had booked a 3-BHK flat bearing No. A-701 on 7 th Floor at Block-A in the project 'Rise' located at Ramprastha City, Sector 37-D, Gurgaon, Haryana, and had paid a sum of Rs.68,47,633.00 on various dates. The case of the complainants is that they had waited for four years for the delivery of the possession but when the opposite party failed to deliver the possession even after the expiry of several years from the date of scheduled possession, they had asked the opposite party to refund the money which the opposite party has failed to refund. It is submitted that opposite party is guilty of deficiency in service as they had failed to deliver the possession of the subject flat within the stipulated period and sought refund of Rs.68,47,633.00 alongwith interest @ 18% p.a., Rs.10,00,000.00 towards mental agony and harassment and Rs.1,00,000.00 towards litigation cost.

(2.) Case is contested by the opposite party. They have raised several contentions in an effort to justify the delay in handing over the possession. It is not disputed that complainants had deposited a sum of Rs.68,47,633.00 towards cost of the flat.

(3.) Parties led their evidences. We have heard the arguments and perused the relevant record.