SURESH MANGAL Vs. WAVA MEGACITY CENTRE PRIVATE LTD

JUDGEMENT

(1.) Heard Mr. Paban K. Sharma, Advocate, for the complainants and Ms. Tanya Verma, Advocate, for the opposite party.

(2.) Above complaint has been filed for directing the opposite party to refund the entire amount of Rs.6541000.00 along with interest @18% p.a. from the date of deposit till the date of refund, Rs.25.00 lacs as compensation for loss of opportunity to the complainants, Rs.5.00 lacs as compensation for mental agony and harassment, Rs.100000.00 as litigation cost and any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainants stated that M/s. Wave Megacity Centre Private Ltd. (the opposite party) was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a project in the name of "Trucia" at Block 2D, Wave City Centre, Noida, in the year 2011 and made wide publicity. The complainants were in need of residence. On coming to know about the project, they booked a flat on 4/5/2013 and deposited the booking amount. The opposite party issued allotment letter dtd. 6/5/2013 and executed "Serviced Residences" Allottee Arrangement dtd. 22/5/2013 in which Flat no.2701 covered area of 2066.03 square feet, @ basic sale price of 7220/- sq. ft. has been allotted to the complainants. As per Clause-5 of this Arrangement, the possession has to be delivered within 48 months with extended period of six months from the date of execution of the arrangement. The payment plan was "Construction Linked Payment Plan". As per demand, the complainants deposited total amount of Rs.6541000.00 upto 12/8/2015. Thereafter, the opposite party did not proceed with the construction nor any demand was raised by the opposite party. Then this complaint has been filed on 15/2/2019 for refund of the amount along with other ancillary reliefs.