MOHIT GUPTA Vs. DIRECTOR, GREENBAY INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainant and Ms. Sunil Mund, Advocate, for the opposite party.

(2.) Mohit Gupta has filed above complaint for directing Greenbay Infrastructure Pvt. Ltd. (i) to refund Rs.14453625.00 along with interest @15% compounded quarterly from the date of deposit till the date of refund, (ii) to pay Rs.1000000.00 as compensation for mental agony and harassment, (iii) to pay Rs.150000.00 as the cost of litigation and (iv) Any other relief which is deemed fit and proper, in the facts and circumstances.

(3.) The facts, as stated in the complaint and emerged from the documents attached with it, are that the opposite party (the developer) was a company, incorporated under the Companies Act, 1956 and engaged in the business of development and construction of residential and commercial buildings and selling its unit to the prospective buyers. In the year 2011, the developer launched a project of township in the name of "Greenway Golf Village " in plot TS-06, Sector-22-D, Yamuna Expressway Industrial Development Area, district Gautam Budh Nagar. The complainant booked a plot, in this project on 5/4/2011 and deposited Rs.1230000.00. The developer issued a demand letter dtd. 19/11/2011, demanding Rs.2820000.00, within 7 days. In this letter, rate was enhanced to Rs.18000.00 per sq.yard from 16400/- per sq.yard. The complainant met the developer and informed that neither plot was allotted nor any payment schedule was given and rate has been enhanced. Then the developer, vide letter dtd. 19/12/2011, cancelled the allotment and forfeited the amount deposited by the complainant. The complainant protested vide letter dtd. 24/12/2011. Then the developer issued allotment letter on 12/5/2012, informing that first instalment of Rs.1230000.00 was due on 12/5/2011. The developer, vide letter dtd. 13/6/2012, again cancelled the allotment and forfeited the money. The complainant challenged the letter dtd. 13/6/2012 in CC/239/2012, which was allowed with cost of Rs..00one lac, by the order dtd. 11/11/2013, by this Commission and letter dtd. 13/6/2012 was set aside and allotment of Plot No.17 (area 750 sq. yard) was restored. The developer was directed to issue fresh allotment letter with revised demand letter. Then the developer issued a fresh allotment letter dtd. 14/2/2014, in which, the complainant was allotted Plot No.A-17 (super area 750 sq.yds) and a revised payment plan was issued. The builder issued a confirmation letter dtd. 4/9/2014, in which, it has been mentioned that possession over developed plot would be handed over within 18 months with grace period of 90 days. Thereafter, as per demand, the complainant deposited Rs.14453254.00between 30/3/2015 to 17/11/2015. The complainant wrote an email dtd. 17/5/2016, inquiring expected date of possession. The developer, vide email dtd. 18/5/2016, informed that tentative date of possession would be July, 2016. But possession was not given in July, 2016. Then this complaint was filed on 29/8/2016, alleging deficiency in service on the part of the developer.