SAIBAL BISWAS Vs. IMPERIA STRUCTURES LTD

JUDGEMENT

(1.) The brief facts of the case are that the complainants who are husband and wife had booked a residential flat No. A-1502 in the project, namely, The Esfera, in Sector 37-C, Gurugram, Haryana vide application dtd. 8/10/2011. The total consideration price of the flat was Rs.78,94,300.00. The said flat was allotted to them. The complainants had paid a total sum of Rs.77,28,840.00 towards the cost of the said apartment through various modes including RTGS and cheques. The Flat Buyer Agreement was executed on 6/9/2013. The construction of the said property could not be completed by the opposite party even after expiry of the 5 years from the date of booking. The due date of handing over of the possession was 5/9/2016 as per the agreement and on visit of the site, the complainants found that only the civil structure of the said project was completed till his last visit on 20/1/2018. He sent legal notice asking for the refund of the amount as the opposite party had failed to hand over the possession within the stipulated period.

(2.) Notice was issued to the opposite party. The opposite party filed its reply to the said complaint stating therein various reasons for the delay.

(3.) It is an admitted position that all the grounds which have been taken by the opposite party in reply have been rejected by this Commission in a number of consumer complaints instituted against the opposite party including CC No. 3072 of 2017 titled Yogesh Maan & Anr. Vs. M/s Imperia Structures Ltd decided on 29/7/2019. It is also an admitted fact that subsequent Complaint no. 693 of 2018 titled Gaurav Agarwal and Anr. Vs. M/s Imperia Structures Ltd. decided on 7/1/2020 has also been decided following the findings of this Commission in the case of Yogesh Maan ( supra )