ANIL AGARWALLA Vs. IMPERIAL HOUSING VENTURES PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Anil Agarwalla and Ms. Neha Sharma, Advocate, for the complainants and Mr. Jay Savla, Sr. Advocate assisted by Mr. Akshay Sharma, for the opposite parties.

(2.) The complainants have filed the aforementioned complaint for directing the opposite parties (hereinafter referred to as the builder) (i) to refund their principal amount of Rs.7631013.00 along with interest @18% per annum, (amounting to Rs.27.00 lacs i.e. from the date of respective deposits till filing of the complaint), in the event the builder failed to handover possession of the flat to the complainants, complete in all respect, within 15 days of the filing of the complaint (ii) to pay Rs.15.00 lacs as the compensation, (iii) Rs.5.00 lacs as the compensation for mental agony and harassment, (iv) Rs.50000.00 as cost of the litigation and (v) any other relief, which is deemed fit and proper in the facts and circumstances of the case.

(3.) The facts, as stated in the complaint are that the builder was a company, engaged in the business of development and construction of residential and commercial buildings and selling its unit to the prospective buyers. In the year 2010, the builder launched a project of group housing in the name of "Paras Tierea" in Sector-137, NOIDA, district Gautam Budh Nagar, Uttar Pradesh. On coming to know about this project, the complainants visited the office and site of the builder and discussed about the project. The representative of the builder showed a sample flat and the amenities and facilities provided to it. He assured that the project would be completed and possession be given to the buyers within 3 years. Believing upon the assurance, the complainants booked a 3BHK flat on 29/7/2012 and gave a cheque of Rs.710668.00. The builder allotted Unit No. T-28-2305, Tower No.-28, (super area 1592 sq.ft., basic sale price Rs.71.64 lacs, (total sale price of Rs.7863888.00 inclusive of Lease rent, Car Parking charge, Interest Free Maintenance Security Deposit and Internal Development Charge), on 29/8/2012. Along with Booking Application Form, "Construction Linked Payment Plan" was supplied. The complainants deposited instalments as per demand notices served upon them. The complainants paid Rs.710668.00 on 18/8/2012, Rs.722132.00 on 27/11/2012, Rs.44274.00 on 27/11/2012, Rs.716400.00on 22/6/2013, Rs.22136.00 on 22/6/2013, Rs.731151.00 26/3/2014, Rs.7386.00 on 26/3/2014, Rs.548530.00 on 30/7/2014, Rs.731373.00 on 3/9/2014, Rs.551861.00 on 5/9/2014, Rs.17982.00on 6/9/2014,Rs.179832.00on 26/11/2014, Rs.548364.00 on 15/4/2015, Rs.792717.00 on 1/7/2015, Rs.755474.00 on 26/12/2015 and Rs.550733.00 on 30/1/2016 (total Rs.7631013.00). Due date of possession was 28/7/2015 and with six month grace period was January, 2016. The complainants received a letter dtd. 28/4/2016, informing that the construction was in advance stage of finishing work of Tower-28 and possession would be offered till end of the year. The complainants received a demand letter dtd. 28/6/2016, demanding Rs.293053.00, in head of "on completion of electrical conduiting & wiring and previous dues" . The complainants vide letter dtd. 5/7/2016, protested the demand as this instalment has already been paid in March, 2015 and sought for information regarding status of his flat and date of delivery of possession. The builder did not respond satisfactorily. The complainants again wrote letter dtd. 28/3/2017 and email dtd. 1/4/2017, seeking for information relating to delivery of possession. The builder sent an email dtd. 4/4/2017 that possession was likely to be given in June-July, 2017. Thereafter, the builder wrote another letter dtd. 9/5/2017, stating that possession would be delivered soon. The complainants, vide letter dtd. 22/5/2017, sought for information of actual position of the construction of his flat. The complainants received a letter dtd. 20/9/2017, giving statement of the account of the complainants, showing dues of Rs.836777.00 under various heads. The complainants vide letter dtd. 25/9/2017, sought for information, as to whether, "Occupation Certificate" had been obtained. The builder, vide email dtd. 26/9/2017, sent a vague reply. The builder even did not permit to see the flat. The complainants wrote letter dtd. 27/9/2017 and reminders dtd. 6/10/2017 and 24/10/2017, demanding the documents, relating to completion of the construction but no reply was given. Then the complaint was filed on 13/11/2017, complaining deficiency in service.