NITIN JUNEJA Vs. IREO PVT. LTD.

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 12 (1) (c) read with Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act") by the Complainant, against the Opposite Party, M/s. Ireo Private Limited (hereinafter referred to as the 'Developer'), for refunding of deposited amount as the Opposite Party Developer has failed to hand-over the possession of the Apartment booked by him in the Project launched by the Developer in the name and style of "The Ireo Skyon", within stipulated period as prescribed in the Apartment Buyer's Agreement.

(2.) According to the Complainant, the facts of the case are that the Opposite Party Developer launched a Residential Housing Project in the name and style of "The Ireo Skyon" (hereinafter referred to as the 'Project' ) located at Golf Course Extension Road, Sector-60, Gurgaon, Haryana.The Opposite Party Developer drawn very rosy picture of the Project and represented that it would be a unique Project with "sweeping balconies, corridors overlooking a Central Golf Park, swimming pool, gymnasium, coffee bar, massage rooms, snooker room, table tennis, squash courts, badminton court, dance and yoga room etc. and also assured timely delivery. Attracted by the representation and assurances given by the Opposite Party Developer, Complainant booked a Residential Apartment in the Project by paying a booking amount of 24,45,501/- on 28/2/2013. Vide Allotment Offer Letter dtd. 28/3/2013, the Complainant was allotted UnitNo. SY-D-1205, 12 th Floor in Tower D admeasuring Super area of 2088 Sq. Ft. for a total Sale Consideration of 2,38,28,256/-. According to the Complainant, before execution of the Buyers Agreement, he paid a sum of 1,00,48,255/- to the Developer during the period from February 2013 to September 2013. After a lapse of period of 7 months from the date of booking, Apartment Buyer's Agreements (hereinafter referred as the Agreement) was executed between the Parties on 6/9/2013. As per Clause 13.3 of the Agreement, the possession of the Unit was to be handed over within a period of 42 months from the date of approval of the building plans.Clause 13.3 of the Agreement reads as under:

(3.) The Complainant made payment of 2,20,88,865/- till May 2015 as per demand of the Opposite Party Developer, despite that the Opposite Party Developer could not complete the construction work at the Project within stipulated period and failed to deliver the possession of the Unit to the Complainant in terms of the Agreement. The Complainant also requested the Opposite Party Developer to refund the amount paid by him along with interest but the Developer threatened to forfeit the earnest money i.e. 20% of the total Sale Consideration of the Apartment. The Developer has arbitrarily demandeda sum 5,00,000/-as a onetime Club Membership Charges and Routine Club usage charges without giving any justifiable reason for the same. It is alleged by the Complainant that the terms of Application Form and Apartment Buyers Agreement were one-sided, unfair, illegal and arbitrary and he was forced to sign them. As per Clause 7.4 of the Agreement, he was liable to pay interest @ 18% for the delayed payment of the demands raised by the Developer, however, the Developer was offering compensation @7.50 per Sq. Ft. of the Super Area for every month of delay in handing over possession in terms of Clause 13.4 of the Agreement. The Complainants had lost trust in the Opposite Party Developer.Thus, alleging deficiency in service and Unfair Trade Practice on the part of the Opposite Party Developer, the Complainants have filed the present Complaint with following prayer:-