ANJU AGGARWAL Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) The brief facts of the case are that the complainant had booked a flat in the project namely, 'The Corridors' being developed by the opposite party at Sector 67-A, Gurgaon vide application dtd. 13/3/2013. Flat No.601 on the 6th Floor of Tower A-3 was allotted to the complainant. The total cost of the flat was Rs.1,84,42,250.44 The contention of the complainant is that he had been regularly making the payment towards the consideration amount to the opposite party and paid total amount of Rs.56,52,562.00. The contention of the complainant is that as per the agreement, the possession of the subject flat was to be given within 42 months from the date of approval of the building plans. It is submitted that construction of the subject flat is not yet complete and no occupancy certificate has so far been obtained. The complainant has sought refund of this deposited along with interest @ 24% p.a. from the date of payment till realization and also has claimed Rs.5.00 lacs towards mental agony and harassment and Rs.2.00 lacs towards cost of litigation and Rs.5.00 lacs towards compensation for deficiency in service and unfair trade practice.

(2.) The claim is contested by the OP on several counts. OP has given several reasons for their inability to complete the project within time and hand over the possession of the subject flat to the complainant.

(3.) Parties led their evidences. We have heard the arguments of the learned counsel for the parties. During the course of arguments, learned counsel for the complainant submits that in terms of order of the Hon'ble Supreme Court in Ireo Grace Relatech Pvt. Ltd., Vs Abhishek Khanna and Others (2021) 3 SCC 241, since the subject property falls in Tower A-3 and therefore, falls in 'Chart-B' as chalked out by the Hon'ble Supreme Court in the said case, he requests that similar directions as issued by the Hon'ble Supreme Court in Abhishek Khanna's case be also issued.