PIYA PURI Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) The brief facts of the case are that the complainants had booked a flat in the project namely, 'The Corridors' being developed by the opposite party at Sector 67-A, Gurgaon vide application dtd. 22/3/2013. Flat No. 802 on the 08th Floor of Tower C-8 was allotted to the complainants. The total cost of the flat was Rs.1,63,86,121.27. The contention of the complainants is that they had been regularly making the payment towards the consideration amount to the opposite party and paid total sum of Rs.1,62,59,132.41. The contention of the complainants is that as per the agreement, the possession of the subject flat was to be given within 42 months from the date of approval of the building plans. It is submitted that construction of the subject flat is not yet complete and no occupancy certificate has so far been obtained. The complainants have sought refund of their deposited amount along with interest @ 18% p.a. from the date of payment till realization and also have claimed Rs.5.00 lacs towards mental agony and harassment and Rs.50,000.00 towards cost of litigation.

(2.) The claim is contested by the Opposite Party on several counts. Opposite Party has given several reasons for their inability to complete the project within time and hand over the possession of the subject flat to the complainants.

(3.) Parties led their evidences. We have heard the arguments of the learned counsel for the parties. During the course of arguments, learned counsel for the complainants submits that in terms of order of the Hon'ble Supreme Court in Ireo Grace Relatech Pvt. Ltd., Vs Abhishek Khanna and Others (2021) 3 SCC 241, since the subject property falls in Tower C-8 and therefore, falls in 'Chart-B' as chalked out by the Hon'ble Supreme Court in the said case, they request that similar directions as issued by the Hon'ble Supreme Court in Abhishek Khanna's case be also issued.