YOGENDRA KHURANA Vs. UPPAL HOUSING PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Dheeraj Gupta, Advocate, for the complainant and Mr. Prabhakar Tiwari, Advocate, for opposite party-1 and Mr. Anmol Kumar, Advocate, for IRP, appearing for opposite party-2.

(2.) Yogendra Khurana has filed above complaint, for directing Uppal Housing Private Limited and M/s. Umang Realtech Private Limited (the opposite parties) jointly and severally (i) to refund amount of Rs.8368349.00 with interest @18% per annum from the date of respective deposit till the date of refund, (ii) to pay compensation of Rs.5.00 lacs with interest @18% per annum from the date of filing the complainant till payment, for mental agony and harassment, (iii) to pay Rs.1.00lac as cost of litigation to the complainant.

(3.) The complainant stated that Delhi Metro Rail Corporation Limited allotted land admeasuring 21954.8 sq.mtr., near Dwarka Morh Metro Station, Delhi to Uppal Housing Private Limited (opposite party-1) vide lease deed dtd. 19/5/2006, for development of group housing project. Uppal Housing Private Limited applied for sanction of layout plan, which was approved on 12/8/2009, by Municipal Corporation, Delhi. Thereafter, Uppal Housing Private Limited entered into a Collaboration Agreement dtd. 18/1/2010, with M/s. Umang Realtech Private Limited (opposite party-2) (the builder), with the approval of Delhi Metro Rail Corporation Limited, for development of the project. The builder launched a project in the name of "Winter Hills Dwarka" over that land and made wide publicity. The complainant applied for allotment of a 3BR flat on 11/6/2010 and deposited Rs.751011..00 The builder allotted Flat No.E-1003 at 10 th Floor, Tower-E (super area 1457 sq.ft., and two car parking space, Basic Sale Price-Rs.8097127.00). The builder executed Apartment Buyer's Agreement dtd. 30/7/2012, which was also signed by Uppal Housing Private Ltd. as confirming party. Vide Clause-8.1 of ABA dtd. 30/7/2012, delivery of possession was promised, till 31/3/2014 with grace period of six months and payment plan was "Time Linked Payment Plan", under which, entire sale consideration had to be paid up to 10/1/2014. As per time schedule and demand letter, the complainant paid Rs.8368349.00, taking loan from HDFC ltd. The complainant tried to know about the stage of construction, in April, 2014. The builder informed that it would be completed soon. The builder issued a letter dtd. 28/10/2017, asking to deposit outstanding dues of Rs.1247484.00as the project was completed. After receiving this letter, the complainant visited to the project and found that the construction was incomplete. The complainant protested the demand as the construction was incomplete and also that he had already deposited entire sale consideration. The builder issued another demand letter dtd. 20/2/2018, asking to take possession, otherwise, he had to pay holding charges. The complainant, vide email dtd. 26/2/2018, raised protest regarding demand of D-VAT of Rs.41139.00 as according to him Rs.330000.00 had already been paid as D-VAT. The builder issued Final Reminder dtd. 23/7/2018. The complaint was filed on 21/6/2019, for refund, complaining deficiency in service.