KOMAL AGGARWAL Vs. GODREJ PROJECTS DEVELOPMENT LTD

JUDGEMENT

(1.) Heard Mr. Nithin Chandran, Advocate, for the complainant and Mr. Kapil Madan, Advocate, for the opposite party.

(2.) Komal Aggarwal has filed above complaint for directing the opposite party to refund the amount of Rs.2853728.00 with interest @18% per annum from the date of respective deposit till the date of payment, to pay Rs.1000000.00 as compensation for mental agony and harassment, Rs.100000.00 as cost of litigation to the complainant and any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that Godrej Premium Builders Pvt. Ltd., renamed as Godrej Projects Development Pvt. Ltd. (the opposite party), was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its units to the prospective buyers. The opposite party launched a group housing project, in the name of "Godrej Summit", at Sector-104, Gurgaon, Haryana in the year 2011 and made wide publicity of it. On coming to know about the aforesaid project, the complainant booked one unit on 12/3/2014 and deposited the booking amount of Rs.1000000.00. The opposite party allotted Unit No. E-1205 in the project, to the complainant, on 13/3/2014. Along with the allotment letter, a payment plan has been attached in which 25% of the basic sale consideration was payable within 60 days of the booking and remaining 75% was payable at the time of possession. In accordance with the payment plan, the complainant paid total Rs.2853728.00. Subsequently, due to some problem, the complainant could not proceed with the allotment and wrote a letter dtd. 31/5/2017 for cancellation of the allotment after forfeiture of the earnest money. The letter was received on 31/5/2017 with the endorsement 'to be discussed with the management'. Later on, the opposite party wrote an e-mail dtd. 31/5/2017 informing the complainant that the forfeiture will be done in accordance with the allotment letter. But instead of returning the balance amount, after forfeiture of earnest money, possession letter was issued on 26/6/2017. The complainant replies vide e-mail dtd. 26/11/2017 that she has already moved a cancellation letter. The opposite party vide letter dtd. 9/12/2017, cancelled the allotment and forfeited Rs.2804167.00. The complainant gave legal notice that forfeiture of entire amount was not proper, which has been replied by the opposite party. Then this complaint was filed by the complainant.