AMARJEET SINGH Vs. IREO GRACE REALTECH PVT. LTD.

JUDGEMENT

(1.) This is a complaint u/s 21 of the Consumer Protection Act, 1986 filed by the complainants on 21/2/2019 in respect of the flat booked by them with the opposite parties alleging deficiency in service and unfair trade practice on account of the delay in handing over possession of the flat in a project promoted and developed by the opposite parties seeking refund of the amount deposited along with penal interest and other compensation.

(2.) Briefly, the facts of the case are that the complainant had booked a flat in the project "The Corridors" promoted and developed by M/s Ireo Grace Realtech Pvt. Ltd., the Opposite party (OP in short), in village Dhumaspur, Maidwas, Tehsil, District Gurugram, Haryana on 22/3/2013 for their residential purpose. An offer of allotment letter was issued by the opposite party to the complainant on 7/8/2013 allotting flat no. 202, Second Floor, C 6 Tower in the said project, admeasuring 1475.86 sq ft together with car parking for a total sale consideration of Rs.1,62,98,368.82. The complainants deposited Rs.96,61,210.11 towards this flat by way of instalments between 25/3/2013 and 19/7/2016. As per clause 13.3 of the Apartment Buyers Agreement (in short "ABA") signed between the parties the OP committed to offer possession of the flat within 42 months with an additional grace period of 180 days from the date of building plan approval, with a further extended delay period of 12 months from the expiry of grace period. Building plan approval was obtained on 23/7/2013. Possession was thus promised under clause 13.4 of ABA, failing which compensation at the rate of Rs.7.50 per sq foot of the super area was promised by the opposite party to the complainant. The complainant had also booked another apartment with the opposite party for his father by making payment of Rs.39,29,291.00 to the opposite party. However, as the project was not complete, the complainant requested the opposite party to cancel the said booking and refund the amount. The opposite party refused to refund the amount. After several requests the opposite party agreed to adjust the said payment of the complainant with the present booking only after deducting the professional fee of Rs.4,01,839.00. However, the opposite party has failed to offer possession of the flat booked by the complainant.

(3.) Hence, the complainant has sought full refund of the deposited amount and other reliefs from the opposite party as per the following prayer: