ATUL NAYAR Vs. DALJEET SINGH

JUDGEMENT

(1.) This complaint is filed under sec. 21 (a) (i) of the Consumer Protection Act, 1986 (hereinafter 'Act') alleging deficiency in service and unfair trade practice by M/s Advance India Projects Ltd., New Delhi, the opposite party, in respect of a residential flat booked by the complainant in project 'The Peaceful Homes', Sector 70 A, Gurgaon, Haryana (in short 'the project') promoted and developed by the opposite party no.3 of which opposite party 1 is the Promoter, opposite party 2 the CEO and opposite party 4 Haamid Real Estates Private Limited.

(2.) The facts of the case in brief are that the complainant had booked a residential flat with the opposite party in the project in July, 2012. Apartment no.A 204 in Tower A, admeasuring 2925 sq ft approximately (super area) with 2 car parking was booked on 23/7/2012 on payment of Rs.10,00,000.00. The basic sale price for the apartment was Rs.6324.00 per sq ft plus charges for PLC, EDC, club membership, etc as per allotment letter dtd. 20/6/2013. This rate was thereafter revised to Rs.6024.00 on 27/2/2015 and subsequently to Rs.5100.00 on 8/9/2015. The booking was against a construction linked payment plan. A Flat Buyer Agreement (in short, 'the Agreement') was signed on 9/9/2015 as per which the commitment period for handing over possession was 36 months from the date of commencement of excavation (10/5/2017) with a further grace period of 6 months, i.e. by 10/11/2017. The complainant submits that as on 25/12/2018 he had paid Rs.1,70,411,04.00 amounting to 95% of the sale consideration to the opposite party which had been financed through a home loan from ICICI bank.

(3.) The complainant avers that as there has been an inordinate delay in the project and deviations from the building plan with consequent impact on promised facilities as per the sale brochure and the number of floor had been increased from 20 floors to 30 floors with reduction in the project land size, he had decided to exit from the project under clause 10 of the Agreement. It is also averred that the Agreement was one-sided and biased in favour of the builder-opposite party and that the complainant had no option but to sign it as it was presented after over 3 years of the booking of the flat in July 2012 by which time he had paid a substantial amount to the opposite party. He has claimed the amount deposited with the opposite party along with interest @ 18% amounting to Rs.1,70,411,04.91.