PANKAJ KUMAR Vs. IREO VICTORY VALLEY PVT. LTD

JUDGEMENT

(1.) This complaint dtd. 21/3/2018 has been filed under sec. 21 of the Consumer Protection Act, 1986 ( CP Act, 1986 for short) by the complainants against the respondent who is the promoter and developer of a project named "Ireo Victory Valley", Golf Course Extension Road, Sector 67, Gurgaon, alleging deficiency in service and unfair trade practice and claiming refund with other compensation.

(2.) Complainants have averred that they booked a flat in the above project on 22/5/2015 by depositing an amount of Rs.32,25,008.00 in respect of flat no. VV " D 22 " 03 " 02, 3rd Floor, Tower D 22 (herein after "old unit") with the opposite party and further amounts were paid subsequently. An Apartment Buyers Agreement (in short "the ABA") was executed by the opposite party on 7/8/2015 with the complainants by which time Rs.84,00,443.00 had been deposited by them. A further amount of Rs.1,12,563.00 was paid on 13/10/2016, thereby making the total payment made to be Rs.87,36,126.00.

(3.) On 10/10/2017, the opposite party issued a notice of possession in respect of the said flat which upon inspection the complainants found to be not liveable as the construction of the same was not complete. The complainants" case is that the opposite party then offered them the option to shift to another apartment in the same project subject to the condition of down payment being made towards another unit with the assurance that the amount paid towards the old unit will be adjusted at the time of taking possession of the alternative unit.