LAWS(NCD)-2022-4-70

SNEH CHAUDHARY Vs. SATYA DEVELOPERS PVT. LTD

Decided On April 28, 2022
Sneh Chaudhary Appellant
V/S
Satya Developers Pvt. Ltd Respondents

JUDGEMENT

(1.) Heard Mrs. Sneh Chaudhary, the complainant, in person and Ms. Kaadambari Jain, Advocate, for the opposite party.

(2.) Sneh Chaudhary has filed above complaint for following reliefs:

(3.) The complainant stated that M/s. Satya Developers Pvt. Ltd. (the opposite party) (the builder) was a company, registered under the Companies Act, 1956 and is engaged in the business of developing and constructing residential and commercial building and selling its unit to the prospective buyers. The builder launched a project of group housing in the name of "The Hermitage" at Sector-103, Gurgaon, Haryana, in the year 2011. One Mrs. Devika Chhikara w/o Dr. D.V. Chhikara applied for allotment of a flat on 20/1/2012 and deposited Rs.1978750.00. The builder allotted Flat No.T-5-402 (super area 2505 sq.ft., Basic Sale Price Rs.7914998.00 and Preferential Location Charge Rs.125250.00) to her in "The Hermitage". The builder executed Buyer's Agreement dtd. 6/2/2012, in her favour, which provided "Construction Linked Payment Plan". Mrs. Devika Chhikara made payment as per demand of the builder. The complainant was looking for a flat in that locality. Mrs. Devika Chhikara agreed to sell her Flat No.T-5-402 to the complainant. The complainant and Mrs. Devika Chhikara visited the office of the builder and discussed in respect of this flat. The officials of the builder informed that the construction was going on in full swing and they would complete construction and handover possession within 42 months from the date of the agreement. On assurance given by the officials of the builder in respect of timely possession, the complainant decided to purchase Flat No.T-5-402, for which the builder granted permission. Mrs. Devika Chhikara transferred Flat No.T-5-402, in favour of the complainant on 26/2/2014, after taking consideration. Thereafter, the complainant deposited instalments as per demand. Mrs. Devika Chhikara and the complainant deposited total Rs.8983589.00 up to 22/4/2016, which was proved from Statement of Account of the complainant as maintained by the builder. Under Buyers Agreement, possession had to be given within 36 months from the date of agreement with grace period of six months. Although promised date of possession had already expired but neither the construction was completed nor possession was delivered to the complainant. The complainant through various emails requested to apprise the status of construction and date of delivery of possession. The builder then issued Final Call Letter dtd. 13/6/2017 along with Statement of Account, demanding Rs.2064147.00, payable on or before 13/7/2017. The complainant, vide an email dtd. 5/7/2017, replied that she had to give only last instalment at the time of possession, which was 5% of basic sale price according to payment plan. Super area has been increased unilaterally without her consent. Possession was delayed as such she was entitled for delayed compensation. Demand amounts to unfair trade practice. The builder gave a diplomatic reply vide email dtd. 20/7/2017. The builder gave a reminder letter dtd. 10/8/2017, for deposit of the amount as demanded by letter dtd. 13/6/2017. Then the complaint was filed on 28/8/2017.