NARENDER CHOPRA Vs. JAIPRAKASH ASSOCIATES LTD

JUDGEMENT

(1.) Heard Mr. Prabhakar Tiwari, Advocate, for the complainant and Mr. Sudhir Makkar, Senior Advocate, assisted by Mr. Sumeet Sharma, Advocate, for the opposite party.

(2.) Ms. Narinder Chopra has filed above complaint, for directing the opposite party (i) to refund entire amount of Rs. 9731017.00 with interest @18% per annum, from the date of deposit till the date of refund, (ii) to pay Rs. 10.00 lacs as compensation for mental agony and harassment, (iii) to pay Rs. 2.00 lacs, as cost of litigation and (iv) any other relief which is deemed fit and proper in the circumstances of the case.

(3.) The complainant stated that M/s. Jaiprakash Associates Limited (the opposite party) (the developer) was a company, registered under Companies Act, 1956 and engaged in the business of development and construction of residential and commercial building and selling its unit to the prospective buyers. The developer launched a project of group housing in the name of "Knight's Court" at Sector-128, Noida, in the year 2010 and gave attractive advertisements. The complainant booked a flat and deposited Rs. 10.00 lacs on 22/12/2010. She was allotted Flat No. KGT 6-701, super area 2070 sq.ft. and one car parking space in "Knight's Court", for sale price of Rs. 10123430.00 on 12/2/2011. As per allotment letter, possession had to be delivered within 36 months, complete in all respect, with grace period of 90 days. Allotment letter also contained Payment Plan, under which, Rs. 974896.00 was payable at the time of allotment, Rs. 8486115.00 was payable on or before 12/3/2011 and remaining amount of Rs. 956869.00 was payable on offer of possession. As per demand, the complainant deposited Rs. 8702328.00 on 11/3/2011, Rs. 10300.00on 3/8/2011 and Rs. 18389.00 on 1/4/2013 (total Rs. 9731017.00). Promised date of possession expired on 12/2/2014 but construction of the project was delayed. The complainant personally enquired about delivery of possession time to time but some imaginary time was informed in this respect time to time. The complaint was filed on 6/11/2017, complaining deficiency in service on the part of developer.