ARIJIT SEN Vs. IREO PRIVATE LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 12 (1) (a) read with Sec. 21 (a) (i) of the Consumer Protection Act, 1986 by the complainants against the Opposite Party viz., Ireo Pvt. Ltd., alleging unfair trade practices and deficient services rendered in respect of a group housing project of the Opposite Party called 'Skyon' located at Sector 60, Gurgaon, Haryana.

(2.) The facts leading to the complaint are that the Complainants had booked a residential unit viz. Apartment no. D - 0703, 7 th Floor, Tower D, 'Skyon', Sector 60, Gurgaon, Haryana in the said project being developed by the Opposite Party on 26/6/2011 by paying a booking amount of Rs.15,22,316.00 to the Opposite Party. On 11/7/2011, the Opposite Party issued an allotment offer letter and three months later executed the 'Apartment Buyers Agreement' in respect of the said apartment.

(3.) Complainants have averred that as per the Apartment Buyer's Agreement, the Opposite Party agreed to deliver the possession of the apartment in 42 months, i.e., by December 2014 with a grace period of 180 days after expiry of the commitment period, i.e., by 17/11/2015. However, despite the payment of 100% of the sale consideration by the Complainant to the Opposite Party, i.e., Rs.1,76,71,537.00 and the lapse of 23 months from the expiry of the 42 months committed, possession has not been handed over by the Opposite Party. Aggrieved, the Complainants are before this Commission with the prayer to: