NIDHI GUPTA Vs. M/S. PARSVNATH DEVELOPERS LTD.

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act ") by Nidhi Gupta and Mala Gupta (hereinafter referred to as the Complainants) against Opposite Party No.1, M/s. Parsvnath Developers Limited (hereinafter referred to as the Developer) and Opposite Party No. 2 Dr. Sunit Sachar, Vice President of the Opposite Party No.1, seeking refund of the amount paid towards purchase of Flat alongwith interest and costs as the Opposite Party Developer had failed to hand-over the possession of the Flat booked by them in the Project launched by the Developer in the name and style of "Parsvnath Exotica " located at Sec. 53, Golf Course Road, Gurgaon.

(2.) Brief facts as narrated in the Complaint are that the Opposite Party Developer launched a Residential Group Housing Project in the name and style of "Parsvnath Exotica " located at Sec. 53, Golf Course Road, Gurgaon (hereinafter referred to as the Project). Mr. Kamal Mehra and Mrs. Vidushi Mehra (hereinafter referred to as the Original Allottees) were allotted a Flat No. 202 in Tower D-6 in the said Project. Flat Buyers Agreement (hereinafter referred to as the Agreement) was executed between the Original Allottees and the Developer on 26.05.2006. Allured by the attractive brochure of the said Project and the assurances given by the Executive of the Developer that all the Flats in the Project have been booked and the possession will be offered to the Allottees in the year 2009 or by the mid of the year 2010, after completing all the formalities, the Complainants got transferred all the rights, title and interest in the Flat No. 202 in Tower D-6 of the said Project from the Original Allottees, in her favour vide Agreement to Sell dated 16.01.2008. The Developer endorsed all the original receipts and Flat Buyer Agreement in respect of the Flat No. 202 in Tower D-6 in favour of the Complainants vide Endorsement Form dated 13.02.2008. By availing Home Loan of 42,62,200/- from the Kotak Mahindra Bank, the Complainants made full and final payment of 1,22,28,033/- (Rupees One Crore Twenty Two Lakh Twenty Eight Thousand and Thirty Three Only) to the Developer on 07.10.2008. It is averred in the Complaint that they have never committed any default in making payment except few installments against which the Developer has already charged a total penalty of 1,28,393/-by way of penal interest @24% in terms of the Clause 5(b) of the Flat Buyer Agreement. As per Clause 10(a) of the Agreement, the construction of the said flat was to be completed within 36 months from the date of commencement of construction of a particular block in which flat is located. Despite that the Opposite Party Developer miserably failed to deliver the possession of the Flat within stipulated period. It is averred by the Complainant that the construction at the site remained at a standstill since 2009. The Project is still incomplete and the Developer has even not received the Occupancy Certificate in respect of the Tower D-6 where the allotted Flat is situated. The Complainants have repeatedly enquired from the Developer regarding the status of their Flat on several dates but the Opposite Party Developer did not give any satisfactory reply. When the Complainants decided to initiate legal action in the year 2011, the Opposite Party No. 2 Vice President of the Developer assured that the possession will be handed over by the year 2012 but no assurance or promise came true. The Complainant visited the site in the year 2016 and shocked to witness that the Tower D6 is still under construction and is not completed even after lapse of more than 7 years from the actual date of handing over the possession. The Complainants captured the pictures of the construction at site in the year 2016, which are annexed as Annexure C-5 with the Complaint. Being aggrieved, the Complainants requested the Opposite Party Developer to hand over the possession of the Flat alongwith compensation for delay vide letter 18.05.2016 and Email dated 19.07.2016, but the Opposite Party Developer did not respond. Alleging deficiency in service and Unfair Trade Practice on the part of the Opposite Party Developer, the Complainant has filed the present Consumer Complaint with the following prayer:

(3.) Pass an Order directing the Opposite Parties No. 1 to hand over the possession of Flat No. 202 in Tower D6 to the Complainant; And/OR;