SACHIN PARTI Vs. ANSAL CROWN INFRABUILD PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Nitin Chandran, Advocate, for the complainants and Mr. Rohit Gupta, Advocate, for the opposite party.

(2.) Sachin Parti and Shefali Parti (the complainants) have filed above complaint, for directing the opposite party to (i) refund Rs.6051999.00 with interest @18% per annum, from the date of respective payment till the date of refund, (ii) to pay Rs.5.00 as the compensation for mental agony and harassment, (iii) to pay Rs.2.00 lacs as cost of the litigation; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that Ansal Crown Infrabuild Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects and selling its units to the prospective buyers. The opposite party launched a group housing project, in the name of "Ansal Crown Heights" at Sector-80, Faridabad, in the year 2012 and made wide publicity of the rosy pictures of the project and the amenities. One Rajnish Tandon and Smt. Kamal Tandon (the predecessors-in-interest of the complainants) booked one 3BHK flat on 20/11/2012 and deposited booking amount. The opposite party allotted Flat No.103, Tower-4, approx. super area 1788 sq.ft. in project "Ansal Crown Heights", vide allotment letter dtd. 24/11/2012 to them. In the meantime, Rajnish Tandon and Smt. Kamal Tandon transferred the above flat to the complainants on 17/11/2012. The opposite party acknowledged the transfer of Flat No.103, Tower-4 approx. super area 1788 sq.ft. in project "Ansal Crown Heights", for Rs.2541824.00, vide letter dtd. 23/11/2012. The opposite party also issued a receipt dtd. 24/11/2012 of the above amount to the complainants. The opposite party executed Apartment Buyer's Agreement dtd. 14/12/2012, in favour of the complainants, in respect of Flat No.103, Tower-4, approx. super area 1788 sq.ft. @ Rs.3300.00 per sq.ft. basic sale price of Rs.5900400.00 in project "Ansal Crown Heights". Payment Plan was "Construction Link Payment Plan". As per demand, the complainants further deposited Rs.595742.00 on 3/5/2013, Rs.596107.00 on 4/8/2014, Rs.596106.00 on 6/10/2014, Rs.596107.00 on 19/1/2015, Rs.378642.00 on 23/3/2015, Rs.149818.00 on 25/3/2015, Rs.248236.00 on 2/6/2015, Rs.49817.00 on 3/6/2015, Rs.89600.00 on 21/12/2015 and Rs.210000.00 on 21/12/2015. Clause-4 of the agreement provides that possession would be handed over within 36 months from the date of execution of the agreement. Due date of possession expired on 14/12/2015 but the opposite party failed to complete the project and offer possession to the complainants. The complainants used to inquire about possession from time to time. But all the times the opposite party used to give some tentative date but failed to meet deadline. The complainants vide an email dtd. 4/12/2016, required to know about the exact time for offer of possession, but it was not responded. The complaint was filed on 19/3/2018, alleging deficiency in service.