DEEPAK VERMA Vs. ANSAL CROWN INFRABUILD PVT. LTD

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short "the Act") by Deepak Verma and his wife (hereinafter referred to as the Complainants) against Opposite Party, M/s. Ansal Crown Infrabuild Pvt. Ltd. (hereinafter referred to as the Developer), seeking refund of the amount paid towards purchase of Flat alongwith interest as the Opposite Party Developer 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 "Ansal Crown Heights" located at Sector 80, Faridabad, Haryana.

(2.) It has been averred in the Complaint that the Opposite Party Developer launched a Residential Group Housing Project in the name and style of "Ansal Crown Heights" located at Sector 80, Faridabad, Haryana. The Complainants booked a residential flat for their personal use in the said Project. Flat No. 1501, Tower No. 3 admeasuring 2118 sq. ft. was allotted to the Complainants. Flat Buyers Agreement (hereinafter referred to as the Agreement) was executed between the Parties on 12.12.2011. As per Clause 4 of the Agreement, the possession of the flat was to be delivered within 36 months from the date of execution of the Agreement, i.e., by 12.12.2014. The Complainants had opted for Construction Linked Payment Plan and had deposited 58,48,984/- on different dates as per demand of the Opposite Party Developer. Despite that the Opposite Party Developer miserably failed to deliver the possession of the Flat within stipulated period. Whenever the Complainants raised queries with the Opposite Party Developer regarding handing over the possession, the Developer neither provided any specific date for the delivery of the possession nor refunded the amount deposited by the Complainants. They have lost trust on the Opposite Party Developer and are no longer interested in having possession of the Flat. Alleging deficiency in service and Unfair Trade Practice on the part of the Opposite Party Developer, the Complainants has filed the present Consumer Complaint with the following prayer:

(3.) The contention of the learned Counsel for the Opposite Party Developer that the Complainants is bound by the terms of the Agreement and it did not give any rise to any cause of action to Complainants to file the present Complaint, we have gone through the various clauses of the Agreement.Clause 4 and3 (b) viii c of the Agreement reads as under:-