AMAN MAHAJAN Vs. GREATER MOHALI AREA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Mr. Yash Anand, Advocate, for the complainant and Ms. Aakansha Bhola, Advocate holding brief of Ms. Anusha Nagarajan, Advocate, for the opposite party.

(2.) Aman Mahajan (the complainant) filed this complaint for directing Greater Mohali Area Development Authority (the opposite party) (i) to pay/ refund the money paid by the complainant along with compound interest @ 8% per annum (ii) to pay Rs.35.00 lacs, as compensation for committing deficiency in service and mental agony, harassment etc. along with penal interest @ 18% per annum, (iii) to pay cost of the litigation and (vi) 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 opposite party launched a project of residential complex of different types in the name of "Purab Premium Apartment" at Sector-88, SAS Nagar, Mohali, in December, 2011. The complainant applied for a Type-3, residential flat on 12/1/2012 and deposited required amount of Rs.6.9 lakh. Allotment was done by lottery system on 20/3/2012, in which, the complainant was successful. The opposite party, vide Letter of Intent dtd. 22/5/2012, informed the complainant that he was allotted a Type-3 flat, carpet area as 1931 sq.ft. (tentative cost of Rs.69.00 lakh only). The complainant was asked to pay total Rs.13.8 lakh (i.e. 30% of the cost) till 22/6/2012. Remaining 65% of the cost i.e. Rs.4260750.00 was payable within 60 days of the issue of Letter of Intent, on which, rebate of remaining 5% of cost was given. Other option was to pay 65% of the cost i.e. Rs4485000/-, in six equal half-yearly instalments with interest of 12% per annum and balance amount of 5% at the time of offer of possession. Possession had to be delivered within 36 months from the issue of Letter of Intent. The complainant deposited Rs.1380000.00 on 19/6/2012 and remaining 65% i.e. Rs.4260750.00 on 21/7/2012, within 60 days of issue of Letter of Intent. It has been stated that 36 months was completed on 22/5/2015. The complainant visited the site on 3/8/2015 and found that most of the promises made in the brochure were missing and construction was not complete. The complainant, therefore, through letter dtd. 3/8/2015, gave his option for withdrawing from the scheme and return of his money along with compound interest @ 8% per annum, as provided under the scheme. The opposite party, through letter dtd. 1/9/2015, informed that the application of the complainant for return of money had been accepted and refundable amount was Rs.6463448.00. On the allegations that the calculation of refundable amount was incorrect and it ought to be Rs.8687985.00 and the opposite party was liable to pay compensation for deficiency in service as well as for committing unfair trade practice, this complaint was filed on 18/8/2016.