ISHAN GUPTA Vs. IREO GRACE REALTECH PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Shaurya Punj, Advocate, for the complainant, Mr. Sameer Chaudhary, Advocate, for opposite parties-1 and 2 and Mr. Sunil Mund, Advocate, for opposite party-3.

(2.) Ishan Gupta (the complainant) has filed above complaint, for directing the opposite parties to (i) refund Rs.13483220.00 to the complainant with interest @18% per annum from 14/10/2017 till the date of payment, (ii) pay Rs.50.00 lakhs, as compensation for mental agony and harassment (iii) pay cost of the litigation; and (iii) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant stated that opposite parties-1 to 4 were companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects and selling its unit to the prospective buyers. Opposite parties-2 to 4 were owners of large area of land at Sector-67-A, Gurgaon, Haryana and obtained Licence No.05 of 2013 dtd. 21/2/2013, from Director, Town and Country Planning, Haryana, for development of group housing project. Under Collaboration Agreement dtd. 5/3/2013, between the opposite parties, the work of development, construction and sale etc. of the group housing project was assigned to M/s. IREO Grace Realtech Private Limited (opposite party-1) (the developer). The developer launched group housing project in the name of "The Corridors" at Sector-67-A, Gurgaon, in the year 2013 and made wide publicity of the facilities and amenities of the oncoming project. Believing upon the representations and tall promises of the developer, the complainants booked a 2BHK + S flat in 22/3/2013 and deposited booking amount of Rs.14.5 lacs through two cheques, which were en-cashed on 13/4/2013. The developer applied for sanction of layout plan of the group house project, which was sanctioned by the competent authority on 23/7/2013. The developer, vide letter dtd. 18/3/2014, provided "Timely Payment Rebate" at rate of Rs.200.00 per sq.ft., if all future instalments are paid on or before due date. The developer issued Allotment Offer Letter dtd. 7/8/2013, allotting apartment No. CD-C-9/6/603, tentative super area 1483.57 sq.ft. and executed Apartment Buyer's Agreement (ABA) dtd. 14/4/2014, in which rate of Rs.9200.00 per sq.ft. and Basic Sale Price of Rs.13648844.00 have been mentioned. The complainant diligently followed payment plan and paid all the instalments on time. The complainant deposited Rs.1450000.00 on 8/3/2013, Rs.1364120.00 on 30/4/2013, Rs.1667774.00 + TDS @1% on 2/4/2014, Rs1651075 + TDS @1% on 9/6/2015, Rs.1410015.00 + TDS @1% on 15/3/2016, Rs.1410013.00 + TDS @1% on 31/5/2016, Rs.1554353.00 + TDS @1% on 1/8/2016, Rs.412042.00 + TDS @1% on 3/10/2016, Rs.1412042.00 + TDS @1% on 23/11/2016 and Rs.45548.00 on 5/12/2016 (total Rs.13483220.00). As per clause-13.3 of the ABA, the developer committed to deliver possession within 42 months, from the date of approval of layout plan, with grace period of 180 days. Layout plan was approved on 23/7/2013 and 48 months period expired on 23/7/2017, but the complainant did not receive any information from the developer in respect of delivery of possession. The developer even evaded from sharing any information in respect of progress of the construction although the complainant repeatedly visited the office of the developer several times and inquired about the progress of the construction. This complaint was filed on 8/5/2018, alleging deficiency in service.