MRUNMAYA KAR Vs. PIYUSH HEIGHTS

JUDGEMENT

(1.) Heard Mrunmaya Kar, the complainant in person.

(2.) The complaint has been filed for (i) refund of Rs.31.78 lacs with interest @ 18% p.a.; (ii) to pay Rs.10.50 lacs as the compensation for increase of land and construction price; (iii) to pay Rs.1000000.00 for mental agony and harassment; (iv) to pay Rs.1200000.00, as the rent paid from 2011 till the filing of the complaint; (v) to pay Rs.13.54 lacs as gross deduction of income from 2011 till the date as rebate on housing loan.

(3.) The facts, as stated in the complaint and emerged from the documents attached with it, are that M/s. Piyush Buildwell India Ltd. (builder) was a company registered under the Companies Act,1956 and engaged in the business of development in real estate. The builder launched a project in the name of "Piyus Height" at Sector 89, Faridabad, Haryana. Mr. Vishal Sood and Ms. Ashu Sood applied for and were allotted Flat No.D-111, First Floor, Tower - D, super area 1446.07 sq.ft., Basic Sale Price Rs.2821040.00. Thereafter the complainant purchased the aforesaid flat on 23/4/2008 from Mr. Vishal Sood and Ms. Ashu Sood with the approval of the builder. The Builder Buyer's Agreement was executed in favour of the complainant on 19/6/2008. The payment plan was a "Construction Linked Payment Plan", in which, sale price was required to be paid on percentage basis at different levels of the construction. It is alleged that the complainant deposited total Rs.3172600.87, time to time. On completion of construction, builder applied for issue of "Occupation Certificate", which was granted on 26/2/2014. Thereafter, the builder offered possession on 3/3/2014. Along with the letter of offer of possession, the builder supplied statement of account to the complainant requiring him to deposit Rs.1633542.15. The complainant did not deposit the amount as demanded. The builder then issued reminder dtd. 9/6/2014. Then the complainant began to demand refund of his deposit along with compensation for delay in offer of possession. The builder, vide letter dtd. 24/3/2015, agreed to waive 'holding charges' of Rs.93772.00. However, the complainant gave a legal notice dtd. 1/4/2015 to refund his amount with compounding interest @24%. Then this complaint was filed on 11/5/2015.