FERROUS TOWNSHIP PRIVATE LIMITED Vs. AMIT KUMAR

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 51 of the Consumer Protection Act, 2019 (hereinafter referred to as "the Act") assailing the Order dtd. 12/3/2020 passed by the State Consumer Disputes Redressal Commission, Delhi(hereinafter to be referred as "the State Commission"), in Consumer Complaint No. 1328 of 2016, whereby the Complaint filed by the Respondent/Complainant was allowed.

(2.) The brief facts leading upto the present case are that the Respondent/Complainant booked a flat (hereinafter to be referred as the Unit) on 1/3/2013 in the project of the Appellant/Opposite Party, M/s Ferrous Township Private Limited, by the name 'Florence Homes' at Ferrous Megapolis City-Sector 70, Faridabad, Haryana. The Respondent/Complainant paid Rs.4,00,000.00 (Four Lakh only) at the time of booking and the agreed basic price of the Unit was Rs.56,29,300.00 (Fifty Six Lakhs Twenty Nine Thousand Three Hundred). Thereafter he was allotted Unit B-098, Ground Floor, Admeasuring 1373 Sq.ftvide allotment letter dtd. 8/10/2013.

(3.) The Respondent/Complainant booked the Unit under the Subvention Scheme whereby 30% of the basic price was payable on demand within 7 months from the date of booking and the balance amount of 70% was to be paid on demand at the time of possession. Thus as per the agreed terms he paid Rs.16.35 lakhs i.e. 30% of the total agreed amount. The Respondent stated that he booked the flat on the assurance that he would get the possession of the Unit within 36 months from the Project Sanction Letter date. The period of the construction of the Unit was given in clause 11 the Application Form which reads as under: