VIVEK CHANDEL Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Ritesh Khare, Advocate, for the complainant, Mr. Sameer Chaudhary, Advocate, for opposite Parties-1, 2, 4 & 5 and Mr. Sunil Mund, Advocate, for opposite party-3.

(2.) Vivek Chandel has filed above complaint, for directing the opposite parties to (i) refund Rs.18957321.00 with interest @18% per annum from the date of respective deposit till the date of refund, (ii) pay Rs.35.00 lacs, as compensation for mental agony and harassment, (iii) pay Rs.2.5 lacs, as litigation cost; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that opposite parties-1 to 4 were companies, registered under the Companies Act, 1956 and opposite party-5 was a partnership firm. The opposite parties were engaged in the business of development and construction of group housing projects and selling its unit to the prospective buyers. Opposite parties-2 to 5 were owners of 37.5125 acres land at villages Dhumaspur and Maidwas, Sector-67-A, Gurgaon. Opposite parties-2 to 4 through a development agreement authorised M/s. IREO Grace Realtech Private Limited (opposite party-1), (for short the developer) for development and construction of group housing projects and selling its unit to the prospective buyers over the aforesaid land. The developer launched a group housing project in the name of "The Corridors" at villages Dhumaspur and Maidwas, Sector-67-A, Gurgaon, in January, 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 complainant booked a 3BHK+S flat on 28/2/2013 and deposited booking amount of Rs.16.00 lacs and Rs.2.5 lacs on 13/3/2013 through cheques, which were en-cashed on 16/3/2013. The developer issued application form for allotment on 22/3/2013, which was filled up by the complainant and submitted on the same day. As per demand, the complainant paid Rs.1871856.00 on 6/5/2013, to the developer. The developer issued Allotment Offer Letter dtd. 7/8/2013, allotting Apartment No.CD-A-4/3/304, super area 1920.37 sq.ft. and executed Apartment Buyer's Agreement (ABA) on 9/6/2014, in which, basic sale price of Rs.18051478.00 ((@ of Rs.9400.00 per sq.ft.) was mentioned. Clause-13.3 of the ABA provides, 42 months period from the date of approval of building plan, for offer of possession with grace period of 180 days. Clause-13.5 provides an extended period of 12 months, beyond which, the allottee shall be entitled to opt for termination of allotment. As per Annexure-IV, payment plan was "instalment payment plan" which was actually a "construction linked payment plan". Initially, the developer announced for "timely payment rebate" but withdrew it, vide letter dtd. 2/7/2015. The complainant diligently followed payment plan and deposited Rs.2176625.00 on 11/4/2015, Rs.933757.00 on 21/6/2016, Rs.933758.00 on 6/8/2016, Rs.1076071.00 on 10/9/2016, Rs.1400637.00 on 8/11/2016, Rs.60168.00 on 3/12/2015, Rs.1400636.00 on 8/1/2017, Rs.1400637.00 on 7/7/2017, Rs.1501162.00 on 11/1/2018, Rs.2001547.00 on 28/1/2018 with the developer and deposited Rs.22209,.00 Rs.9432.00, Rs.9432.00, Rs.10869.00, Rs.14148.00, Rs.14148.00, Rs.14148.00, Rs.15164.00, Rs.20127.65 as TDS time to time. The complainant deposited total Rs.18957321.00 till 28/1/2018, i.e. more than basic sale price. As informed by the developer, building plan was approved in February, 2014, as such, 48 months period expired in February, 2018. The complainant visited the site and found that the construction was grossly incomplete and not likely to be completed in near future. Extended period also expired in February, 2019. The complainant was in urgent need of alternate house. Therefore, this complaint was filed on 2/4/2019, alleging deficiency in service.