JAMAL SARWAR SABRI Vs. ANSAL HOUSING LIMITED

JUDGEMENT

(1.) This Consumer Complaint has been filed by the Complainant under Sec. 21 (a) (i) of the Consumer Protection Act, 1986 (in short "the Act") against M/s. Ansal Housing Limited (Formerly M/s. Ansal Housing & Construction Limited) seeking the following reliefs:

(2.) The facts in brief as stated in the Complaint are that in the year 2011, the Opposite Party launched a residential project by the name and style of 'Ansal Heights 86' situated at Sector 86, Gurgaon, which was widely published in the electronic and print media. Lured by the eye catching advertisements and representations made by the representatives of the Opposite Party regarding amenities and timely delivery of possession, the Complainant booked an Apartment on 10. 10.2011 for residential purpose and paid a sum of Rs.6,00,000.00 towards booking amount. It is alleged that even though the booking was done in the month of October, 2011, neither the Allotment Letter was issued nor the Apartment Buyer's Agreement was executed despite several follow ups and after a lapse of almost 10 months, on 31/8/2012, the Flat Buyer's Agreement (in short " the Agreement") was executed between the Parties for Unit No. B-1002, 3 BHK-3T+SQ, having super area of 1895 sq. ft. for basic sale consideration of Rs.70,68,066.75.

(3.) It is pleaded that many of the Clauses of the Agreement are one-sided, unfair and arbitrary and as the Complainant has paid a substantial amount of 20,09,452/- prior to signing of the Agreement, he had no other option but to sign the Agreement. The Arbitrariness and Unfairness of the Agreement can be seen from the Clauses 24, 25 and 37 of the Agreement. As per Clause 25 of the Agreement the Opposite Party was allowed to cancel the allotment of the unit at its sole discretion in the event the Buyer breaches any of the term of the Agreement and forfeit the earnest money i.e. 20% of the basic sale consideration and no such liberty was provided to the Complainant under the Agreement, in the event the Opposite Party breaches the terms of the Agreement. Further, as per Clause 24 of the Agreement, the Opposite Party was entitled to charge interest @ 18 % per annum, compounded quarterly for any delay in payment of installments by the Complainant and as per Clause 37 of the Agreement, the Opposite Party was made liable to pay a meager compensation@ Rs.5.00 per sq. ft. per month for any delay in handing over of possession of the unit. These types of Clauses squarely falls within the ambit of definition of deficiency in service and unfair trade practices as defined under the Consumer Protection Act 1986.