MONISHA BHARGAVA Vs. ANSAL PROPERTIES AND INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) Heard Mr. Ashish Varma, Advocate, for the complainant and Mr. Pradeep Bhardwaj, Advocate, for opposite party.

(2.) The aforementioned complaint has been filed for (a) directing the opposite party to refund Rs.5740935.00 along with interest @18% per annum from the date of deposit till the date of payment; (b) to pay Rs.4000000.00, as compensation for mental agony and harassment; (c) to pay Rs.500000.00 towards litigation cost and (d) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. Ansal Properties and Infrastructure Ltd. (opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. In the year 2012, the opposite party launched a project in the name of "Golf Gateway Towers", Sushant Gold City, Hi-Tech Township, Lucknow. The total consideration of the apartment is Rs.17064095.00. On coming to know about the aforesaid project, the complainant booked an Apartment on 14/2/2013 and deposited booking amount of Rs.879569.00. Thereafter, the opposite party vide allotment letter dtd. 19/9/2012 allotted Flat No.T-1/1-B super area 1690 sq.ft. The opposite party executed an Agreement dtd. 14/2/2013 in favour of the complainant in which total sale consideration of the aforesaid flat was shown as Rs.9685850.00.The complainants opted for "Construction Linked Payment Plan" and as per demand of the opposite party the complainants deposited time to time total Rs.7799537.00 upto 1/2/2018 including the amount paid in the head of TDS upto 17/6/2019. Under Clause 8.1 of the Agreement, the possession has to be given within 36 months with grace period of 90 days from the date of execution of the Agreement, that period expired on 17/12/2016. The construction was not completed nor there was any hope of its completion in near future, then the complainants, vide letter dtd. 16/8/2019, demanded for return of their money as both the complainants are senior citizens and cancer was detected on them. The opposite party sent a construction update vide e-mail dtd. 21/8/2019. The complainants, however, were in urgent need of money, therefore, vide letter dtd. 2/9/2019 again requested for return of the money. When the request was not accepted, then this complaint was filed on 19/9/2019.