RAJESH SINGH Vs. IMPERIAL HOUSING VENTURES PVT. LTD

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(i) of the Consumer Protection Act, 1986 (for short "the Act") by Shri Rajesh Singh (hereinafter referred to as the "Complainant") against Opposite Party, M/s. Imperial Housing Ventures Pvt. Ltd (hereinafter referred to as the "Developer") seeking refund of the amount paid towards purchase of Apartment in their Project, namely "Paras Tierea" along with interest as the Opposite Party Developer has failed to complete the Project and hand over the possession of the Apartment to them within stipulated time.

(2.) The facts as narrated in the Complaint are that the Complainant had booked an Apartment in the Project under the name and style as "Paras Tierea" supposed to be developed by the Opposite Party Developer at Plot No. GH-01, Sector - 137, Noida - Greater Noida Expressway, Noida - 201301 (hereinafter referred to as the Project) for a total Sale Consideration of 93,53,000/- including Preferential Location Charges, Lease Rent, Infrastructure Charges, Car Parking Charges and Interest Free Maintenance Security Deposit. Vide Allotment Letter dtd. 14/2/2013, the Complainant was allotted Apartment bearing No. T-28/0104 in Tower T-28, Type E, Unit Type 3 BHK + 4Ts+ Ut. having Super Area of 1695 Sq. Ft. (approx.). The Terms and Conditions of Allotment Letter were signed between the parties on 8/4/2013. As per Clause 5 of the Allotment Letter/Agreement, the possession of the allotted Apartment was to be delivered to the Complainant within 24 months from the date of issuing allotment letter with a grace period of further 12 months meaning thereby the possession of the Apartment was supposed to be handed over on or before April 2016.

(3.) It is further averred by the Complainant that he was required to make the payment of installments as per Schedule II of the Allotment Letter and he paid a sum of 91,81,992/- i.e. approximately 95% of the total Sale Consideration to the Opposite Party Developer till 27/2/2016. However, on personal visit to site, he was shocked to find that the construction was not being carried out. Even on visit to the office of the Opposite Party Developer, there was no satisfactory reply as to when the construction would be completed. The Complainant was also asked to make the payment as per the demands otherwise the allotment would be cancelled or the amount deposited would be forfeited. It is also alleged by the Complainant that though there was delay in completion of the Project by the Developer and delayed compensation was not being paid but on the contrary they were charging interest @18% p.a. for the delayed payment of the installments. The Opposite Party Developer, vide letter dtd. 14/1/2016, demanded the outstanding amount with interest @18% p.a. and on 27/2/2016, the Complainant paid an amount of 24,01,327/- to the Developer despite delay in Project. Thereafter, by Letter dtd. 28/4/2016, the Opposite Party Developer informed the Complainant in advance regarding the completion of the Project and offer of possession. Further, vide another Letter dtd. 9/5/2017, the Complainant was again assured by the Opposite Party that the possession of the booked Apartment shall be handed over very soon. However, no offer of possession was made by the Developer. Hence, alleging deficiency in service and Unfair Trade Practice on the part of the Opposite Party Developer the Complainant has filed the present complaint with the following prayers:-