VIPIN BIHARI Vs. IMPERIA STRUCTURES LTD

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 (a) (1) of the Consumer Protection Act, 1986 by Complainants against the Opposite Party, i.e., M/s Imperia Structures Ltd., in relation to a residential flat booked in the project, 'The Esfera' situated at Sector 37 C Gurgaon, Haryana.

(2.) The brief facts leading upto the present complaint are that the Complainants, who are father and son, booked a residential flat on 8/1/2011 with the OP in its project viz., 'The Esfera', in Sector 37 C, Gurgaon. On allotment of residential flat IMP " " E " " 0413 in the aforesaid project to them, they executed an agreement with the OP on 2/7/2013. As per Clause 10.1 of the agreement, the construction was to be completed within a period of 3 1/2 years unless there was delay or failure due to reasons mentioned in Clause 11.1, 11.2, 11.3 and Clause 41 of the agreement. A Buyer - Seller agreement between the Complainant and the OP was signed on 1/4/2013. The sale price of the apartment was agreed at Rs.68,43,375.00 out of which the Complainants had paid a sum of Rs.66,67,846.00 to the OP. The grievance of the complainants is that possession was not offered to them and the construction was not completed within the stipulated period of 36 months plus grace period of six months as promised vide agreement dtd. 1/4/2003. This period expired on 31/3/2016. The Complainants, therefore, served a notice to the Opposite Party on 25/1/2018 seeking refund of their deposits, with interest and penalty. It is also averred by the Complainant that various unjustifiable charges have been levied by the OP relating to parking, EDC, service tax etc. These have been alleged to be unfair trade practice by the Complainants, which is wilful and intentional. It is also averred by the Complainants that delay in execution of the project despite receipt of deposits from time to time amounts to negligence in service and they are accordingly, before this Commission with the following prayer:

(3.) The Complainants are before this Commission seeking refund of the amount which they paid to the OP along with compensation etc.