RAJ KUMAR MALLICK Vs. BESTECH INDIA PVT. LTD

JUDGEMENT

(1.) This is a complaint under Sec. 21 (a) (i) of the Consumer Protection Act, 1986 (in short, "the Act") filed by the complainant alleging deficiency in service by the opposite party for delay in handing over possession of a flat booked by the complainant in its project "Park View SPA", Sector " 47, Gurgaon.

(2.) In brief, the facts of the case are that on 16/2/2006 the opposite party issued an allotment letter in the name of the complainant allotting him Flat No. A-1501, Park View SPA, Sector-47, Gurgaon for a sale consideration of Rs.95,25,500.00 along with the details of payment of the balance amount as per a payment plan. On 10/5/2006 a Flat Buyer Agreement (In short "Agreement") was executed between the parties in respect of the above flat with an approximate super area of 2875 sq. ft. The possession was assured after a period of 30 months as per the Agreement. The complainant avers that construction of the flat had not started till November, 2006 and that on 20/9/2008 the opposite party asked for payment of Rs.1,76,900.00 along with Rs.10,310.00 and compound interest of Rs.1,66,590.00 for delay in making payments. On 5/2/2009, the opposite party again reminded the complainant to remit Rs.10,309.41. On 9/5/2009 the opposite party conveyed to the complainant that the plans for the project had been approved on 8/5/2009 and subsequently informed on 19/5/2009 that the project had been formally launched on 13/7/2009 with Towers A, E and B on 15/7/2009. Receipt of Rs.28,84,896.00 was acknowledged against Rs.37,24,921.79 which was due leaving a balance of Rs.8,40,025.79 payable by the complainant. On 1/8/2009 it was contended by the opposite party that the floor area of the flat had been increased to 3125 sq. ft. Thereafter, on 7/9/2009 a demand of Rs.7,42,500.00 was raised on account of increase in the floor area which escalated the cost of the flat to Rs.1,02,68,100.00. As per the statement of account dtd. 22/6/2010 furnished by the opposite party, it has been acknowledged that Rs.43,48,990.38 has been paid by the complainant towards the sale consideration of the flat.

(3.) On 13/3/2013, the opposite party informed the complainant about the additional features of LPG supplied to the flat and on 3/10/2013 of engaging an external facility management company for the project and intimated that the charges for the same would be payable at the time of handing over the possession of the flat.