RENU KWATRA Vs. ATHENA INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) The present complaint has been filed seeking refund of the deposited amount of Rs.96,15,000.00 alongwith interest @ 18% p.a. from the date of respective payments till its realization and a sum of Rs.5.00 lakhs towards mental agony and harassment and sum of Rs.50,000.00 towards cost of litigation.

(2.) Complainants have stated that they had booked a 5 BHK residential apartment in "India Bulls Enigma", a residential project of the opposite party in 2011. Allotment letter dtd. 28/2/2011 was issued to them whereby apartment bearing No. H-081 in Tower-H for total consideration of Rs.2,19,10,200.00 was issued. A flat buyer agreement was executed between the parties on 30/8/2011. As per clause 21 of the Builder-Buyer Agreement, opposite party was supposed to hand over possession of the flat within three years from the date of execution of the said agreement i.e. by 30/8/2014. Even after the expiry of delay of five years, the possession had not been delivered. Hence the complaint had been filed by the complainants seeking refund and other remedies.

(3.) In the written version, the opposite party has not disputed regarding allotment of the subject flat to the complainants and the consideration amount of the said flat and the deposit made by the complainants with the opposite party towards the subject flat. The delay, however, has been attributed to many other reasons which were beyond the control of the opposite party. It is also contended that occupancy certificate of the project was granted on 17/9/2018 and offer of possession was made on 6/2/2019 and, therefore, the complainants were bound to take the possession of the subject flat and not entitled for the refund.