RAMA SANKAR JAISWAL Vs. VASAN EYE CARE HOSPITAL

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act ") by the Complainants, husband and wife, against the Opposite Party, M/s. IREO Private Ltd. (hereinafter referred to as "the Developer ") seeking refund of the deposited amount as the Developer has failed to hand over the possession of the Apartment booked by them in the Project, namely, "IREO City Central " (hereinafter referred to as "the Project ") in terms of the Apartment Buyers Agreement (hereinafter referred to as "Agreement ") executed between the parties.

(2.) The facts of the case as narrated in the Complaint, are that in response to the Applications invited by the Opposite Party Developer for allotment of Flats/Apartments in their upcoming Project, "IREO City Central " located at Sector no.59, Gurgaon, Haryana, the Complainants had booked a Service Apartment on 28/2/2012 by paying a sum of ?13,69,290/- and they were issued a Priority No. S/64 towards their Expression of Interest. The Complainants were allotted Apartment No. R0403 on 4th floor, having an approximate area of 908.33 sq, ft. vide Allotment Offer letter dtd. 26/9/2012 for a total Sale Consideration of ?1,42,72,527/-. Thereafter, on 10/5/2013 an Apartment Buyer 's Agreement was executed between the parties. It is averred that as per Clause 13.3. of the Agreement, the possession of the allotted Unit was to be handed over to the Complainants within a period of 42 months from the date of approval of the Building Plans with an additional 180 days as "Grace Period ". Clause 13.3 of the Agreement reads as under:-

(3.) According to the Complainants, the Building Plans of the Opposite Party Developer were sanctioned on 5/9/2013 and as such, the Developer was under an obligation to complete the Project and hand over the possession of the Service Apartment booked by them on or before 4/9/2017 including the grace period of 180 days. However, the Developer has miserably failed to complete the Project and hand over the possession of the Service Apartment, complete in all respect, in terms of the Agreement despite having received the huge amount of ?99,50,107.91/- from the Complainants out of the Total Sale Consideration of ?1,42,72,527/-.