KULWINDER KAUR Vs. IREO GRACE REALTECH PVT. LTD

JUDGEMENT

(1.) The present complaint has been filed seeking refund of the deposited amount of Rs.1,50,65,607.27p alongwith interest @ 18% p.a. from the date of respective payments till its realization and a sum of Rs.5.00 lakhs towards mental harassment and agony, Rs.10.00 lakhs towards compensation and sum of Rs.1,00,000.00 towards cost of litigation.

(2.) Complainant has stated that she had booked a residential apartment in the project, namely, "The Corridors" being developed by the opposite party at Sector 67-A, Gurgaon. Allotment letter dtd. 13/8/2013 was issued to her whereby apartment bearing No. 1102 in Tower-A5 for total consideration of Rs.2,29,48,119.15p was allotted to her. A flat buyer agreement was executed between the parties on 3/6/2014. As per clause 13.3 of the Builder-Buyer Agreement, opposite party was supposed to hand over possession of the flat within 42 months from the date of approval of the building plans. The complainant made payment of Rs.1,50,65,607.27p on different dates against the total sale consideration as per the demand of the opposite party. Despite that the opposite party could not complete the construction work within the stipulated period and failed to deliver the possession. Even till the filing of the consumer complaint, the possession had not been delivered. Hence the complaint had been filed by the complainant seeking refund and other remedies.

(3.) The complaint has been resisted by the opposite party by filing the written statement. It has been submitted that the complainant is the investor and she had booked the subject flat with the intention to sell it to earn profit and is not the real buyer of the flat and, therefore, the complaint is not maintainable. It is further argued that the complainant defaulted many times in payment of instalments and, therefore, had committed breach of contract. It is further contended that claim filed by the complainant regarding delay in possession is pre mature and that they had applied for grant of occupation certificate on 21/7/2017 and revised occupation certificate on 28/5/2018. It is further contended that construction has been substantially completed and, therefore, refund at this stage cannot be granted.