PREM NATH VASISTHA Vs. JAIPRAKASH ASSOCIATES LIMITED

JUDGEMENT

(1.) This is a complaint under sec. 21 of the Consumer Protection Act, 1986 filed by the complainants herein seeking refund of the money deposited by them with the opposite party in respect of a flat booked in a project promoted and developed by the opposite party along with compensation for the delay in handing over the possession on grounds of deficiency in service and unfair trade practice.

(2.) The brief facts of the case are that the complainants had purchased/ booked a flat in re-sale in the project 'Pavilion Court', Jaypee Greens, Noida promoted by the opposite party. As per the allotment letter dtd. 10/1/2012 the opposite party had agreed to the transfer of the flat by the original allottee to the complainant by way of No Objection Certificate (NOC) on the same terms without change or abrogation of the terms and conditions of the original allotment. Vide letter dtd. 10/1/2013 the opposite party transferred the allotment of the flat no. PVC 005 ' 0204 ad-measuring 1600 sq ft at a sale consideration of Rs.94,12,600.00 and promised the delivery of the said flat to the complainant within 36 months ( i.e., by September 2015). The complainant avers that he has paid Rs.51,30,708.00 to the opposite party as on the date of filing of this complaint. However, the possession has not been offered even after three years of the expiry of the promised 36 months for delivery which constitutes wilful delay and deficiency in service apart from unfair trade practice on the part of the opposite party. Opposite Party No. 1, M/s Jaiprakash Associates Limited, collected the deposited amount against the said flat. Refund was sought by the complainant from the opposite party on 22/12/2017 which has not been done. He has, therefore, filed this consumer complaint with the following prayer:

(3.) The complainant admits that in addition to the flat in question he has booked two other flats in two other projects of the opposite party, viz., in 'Imperial Court' and 'Wishtown' for himself and another daughter respectively whom he wishes to settle by providing residential accommodation. He also admits that he had booked this flat in order to settle another daughter. According to him, this is not a commercial purpose or dealing in real estate.