NISHA RANI Vs. MAPSKO BUILDERS PVT. LTD

JUDGEMENT

(1.) Heard Mr. Sudhir Mahajan, Advocate, for the complainant and Mr. Rahul Chauhan, Advocate, for the opposite party.

(2.) Mrs. Nisha Rani (the complainant) filed this complaint for directing M/s. Mapsko Builders Private Limited (the opposite party), (hereinafter referred to as the builder) (i) to hand over possession of Flat No. 1203, in Regent Tower, Mapsko Royale Ville, at Sector-82, Gurgaon, Haryana, complete in all respect with all amenities in habitable and liveable condition or to return the entire amount deposited by her along with interest @ 18% per annum, from the date of each deposit till its payment, (ii) In case, the flat is being offered, the Director of the builder be directed to execute conveyance deed of the flat in her favour and handover physical possession of it (iii) to pay interest @ 12% per annum, on the amount paid by the complainant from the date of promised possession till the date of handing over possession of the flat, (iv) to pay increased service tax, after the date of promised possession (v) to pay cost of the litigation and (iv) any other relief which may be deemed fit and proper, in the circumstances of the case, be passed.

(3.) The facts as stated in the complaint and emerged from the documents attached with it are that the builder was a company, engaged in business of development and construction of residential and commercial buildings and selling its unit to the prospective buyers. The builders launched a project of group housing complex in the name of "Mapsko Royale Ville" at Sector-82, Gurgaon, in 2010. The complainant booked a flat and was allotted Flat No. 1203, (3BR+3T+SR), admeasuring super area 1790 sq. ft., on 12 th Floor, in Tower Regent, at the rate of Rs. 2790/- per sq. ft., basic sale price Rs. 4994100/- (total price was Rs.6280150/-), on 17.09.2010. Payment plan was "Construction Linked Payment Plan", under which Rs. 4/- lakhs was to be paid at the time of booking and 20% of basic sale price (including booking amount) was to be paid within 60 days of the booking. 10% of the basic sale price + 50% of EDC and IDC were to be paid at the time of agreement, remaining 65% of basic sale price + 50% EDC and IDC +Car parking charge were to be paid in 12 instalments, on different level constructions and 5% of BSP and other charges at the time of offer of possession. The complainant deposited Rs.4 lakhs on 17.09.2010 and Rs.598820/-on 07.12.2010. The construction was allegedly started on 20.09.2011 and a demand notice of Rs.776295/- was issued. The complainant deposited Rs.1578310/- on 24.12.2011. The complainant deposited Rs.7548954/- up to 06.12.2016. Flat Buyer's Agreement was executed on 13.09.2016. In clause-17, promised date of possession was mentioned as 42 months with grace period of six months from the date of agreement although up to 13.02.2016, payment of the level of "completion of external plaster" had been taken, which was last instalment before possession in the payment plan. The builder has taken total Rs.7548954/- as against total price was Rs.6280150/- but they have not offered possession as such this complaint was filed on 09.03.2017.