ANANT RAM Vs. CLOUD 9 PROJECTS PVT. LTD

JUDGEMENT

(1.) This complaint has been filed under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') is filed by the complainants alleging deficiency in service and unfair trade practice on account of deficiency in service and unfair trade practices, seeking possession or in the alternative, refund of the amount deposited along with penal interest and other compensation in respect of the flat booked by them with the opposite party viz., M/s Cloud 9 Projects Pvt. Ltd., in a project promoted and developed by it.

(2.) Briefly, the facts of the case are that the complainants had booked a flat in a residential Group Housing project "Lotus Boulevard - Espacia Housing Project" (in short, 'project') promoted and developed by the Opposite party located at Sector 100, Noida, Uttar Pradesh for their residential purpose. The booking was originally in the name of their son ('Original Allottee') on 24/12/2009. An offer of allotment letter was issued by the opposite party to the original allottee on 10/3/2010 allotting apartment no. 1402 in Tower 37, admeasuring 237.83 sq ft for a total sale consideration of Rs.93,88,600.00. As per clause 5.1 of the Agreement, possession was promised to be given in 39 months with three months of grace i.e. by 10/6/2013.

(3.) Despite the complainants having regularly paid the instalments in time, there was inordinate delay on the part of the opposite party in handing over possession despite several efforts to contact him and the raising of various demands for payments. Dates promising possession was indicated from time to time which were not adhered to by the opposite party. The complainants finally approached this Commission on 11/11/2016 by of this complaint seeking the following relief: