NEERAJ CHOWDHARY Vs. BPTP LTD.

JUDGEMENT

(1.) Heard Mr. Navneet Kumar, Advocate, for the complainants and Mr. Pragyan Pradip Sharma, Advocate and Ms. Nidhi Tewari, Advocate, for the opposite parties.

(2.) Aforementioned complaint has filed for directing the opposite parties (i) to refund each and every buyer, the amount paid by him/her with interest @18% per annum, from respective date of deposit till the date of refund, in respect of the apartment booked by him/her in the project "Park Sentosa", at village Nimka, Sector-77, tehsil and district Faridabad, (ii) to pay compensation to each and every buyer @ Rs. 5.00 per sq.ft. per month on 'super area', for the period of delay in offering possession of the flats booked by them, (iii) to pay Rs. 5.00 lacs, to each and every buyers, as compensation for mental agony and harassment, (iv) to pay Rs. 50000.00 to each and every buyers, as cost of litigation, (v) to award benefits of the subvention plan to the complainants, who had opted for the same, (vi) to impose appropriate penalty upon the opposite parties for indulging in unfair trade practice and (vii) any other relief which is deemed fit and proper in the circumstances of the case.

(3.) The complainants filed IA/6125/2018 under Sec. 12 (1) (c) of Consumer Protection Act, 1986, for grant of permission to file the complaint in representative capacity, which was allowed on 24/10/2018, after hearing the parties. Initially, 14 sets of flat buyers joined as the complainants. After publication of notice, Dr. Rajendra Kumar Agarwal, Mrs. Hemlata Agarwal and Ms. Garima Agarwal (allottees of Flat No.1806) filed IA/6897/2019, for their impleadment as the complainants, which was allowed on 26/4/2019. Mrs. Anju Kheterpal (allottee of Flat No.B-G001) filed A/3675/2020, for her impleadment as the complainant, which was allowed on 16/9/2020. Later on, Dr. Rajendra Kumar Agarwal, Mrs. Hemlata Agarwal and Ms. Garima Agarwal (allottees of Flat No.1806) (complainants-15 to 15-B) settled their claim with the opposite parties, out of court.