KULWANT KAUR Vs. IREO GRACE REALTECH PVT. LTD

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(a) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants against the Opposite Party, M/s. Ireo Grace Realtech Pvt. Ltd. seeking the following reliefs:-

(2.) According to the Complainants, the facts of the case are that in response to the Applications invited by the Opposite Party Developer for allotment of Flats/Apartments in their upcoming Project, "The Corridors" (hereinafter referred to as the 'Project') located at Golf Course Extension Road, Sector-67-A, Tehsil & District Gurgaon, Haryana, the Complainants had applied for an Apartment on 22/3/2013. Vide Allotment Offer Letter dtd. 7/8/2013, the Complainants were allotted a Residential Apartment No. CD-B4-08-803 having Super Area of 1966.68 Sq. Ft for a total Sale Consideration of 1,60,44,349.12. It is averred that after one year from the date of booking, the Apartment Buyer's Agreement (hereinafter referred to "the Agreement") was entered into between the parties on 7/7/2014. As per Clause 13.3 of the Agreement, the possession of the allotted Apartment was to be handed over to the Complainants within a period of 42 months from the date of approval of the Building Plans with an additional 180 days as "Grace Period". Clause 13.3 of the Agreement reads as under:-

(3.) On 22/8/2016, the Complainants requested the Opposite Party Developer to exchange the allotted Apartment No. CD-B4-08-803 to CD-C11-10-1002 which request was accepted by the Opposite Party Developer vide letter dtd. 2/9/2016. The consideration paid by the Complainants towards the earlier allotted Apartment was also adjusted by the Opposite Party Developer against the payment for new exchanged Apartment. According to the Complainants, the Building Plans of the Project had been approved by the Competent Authorities on 23/7/2013 and in terms of the Agreement the possession of the Apartment was to be handed over to the Complainants on or before 23/7/2017 including the grace period of 180 days. It is averred that the Complainants made payment of 1,49,89,816/- out of the total Sale Consideration of 1,60,44,349.12 on different dates upto the date of filing of the Complaint as per demands raised by the Developer. However, despite having received such a hefty amount i.e. almost 93% of the total Sale Consideration, the Developer has miserably failed to complete the construction of the Project and hand over the possession of the allotted Apartment, complete in all respect, to the Complainants. It is further stated by the Complainants that though they had paid a sum of 1,49,89,816/- to the Opposite Party Developer but in the Statement of Account furnished by them only an amount of 1,36,06,956.56 has been reflected by the Opposite Party Developer and as such there is discrepancy of 13,82,859.44. It is stated by the Complainants that they have lost the trust in the Opposite Party Builder as despite making various attempts to contact the Opposite Party Developer to ascertain the exact date of completion of Project and delivery of the possession of the Apartment, except the false and vague assurances nothing more has been conveyed to them. It is further alleged that the various Clauses of the Agreement executed between the Parties are unjust, unilateral, unfair and arbitrary. On the one hand, as per Clause 7.4 of the Agreement, the Opposite Party Developer is charging the exorbitant interest @20% p.a. on the delayed payment but on the other hand, they are liable to pay a meager amount in case of delayed possession to the tune of 7.50 per Sq. Ft. p.m of the Super Built Up Area of the Flat to the Complainants in terms of Clause 13.4. Alleging deficiency in service and Unfair Trade Practice on the part of the Opposite Party Developer, the Complainant has filed the present Consumer Complaint with the aforesaid reliefs.