AMITABHA CHATTERJEE Vs. PARSVNATH HESSA DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Mayank Mikhail Mukherjee, Advocate, for the complainants and Mr. Prabhakar Tiwari, Advocate, for opposite party.

(2.) Above complaint has been filed, for directing the opposite party to (i) refund Rs.19832568.21 with interest @24% per annum from the date of respective deposit till the date of payment to the complainants, (ii) pay Rs.175768.93, the amount of interest paid by the complainants to Indiabulls Housing Finance, on the loan taken by them, (iii) pay Rs.50.00 lacs, as compensation for mental agony and harassment, (iv), (v) pay the costs of litigation; and (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that M/s. Parsvnath Hessa Developers 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. The opposite party launched a group housing project in the name of "Parsvnath Exotica", at village Wazirabad, Sector-53, Gurgaon, and made wide publicity. Anil Bedi and his wife Mrs. Sarita Bedi booked a 3BR flat on 9/10/2010 and deposited booking amount. The opposite party allotted Flat No.C-4-103 and executed Flat Buyer Agreement dtd. 10/12/2010 in their favour of Flat No.C-4-103, admeasuring 2645 sq.ft. at the rate of Rs.7200.00 per sq.ft., basic price of Rs.19044000.00 + Rs.400000.00 for one covered Car Parking spaces, in "Parsvnath Exotica". Anil Bedi and Mrs. Sarita Bedi opted for "Construction Linked Payment Plan", and as per demand, deposited Rs.750000.00 on 9/10/2010, Rs.1235208.00 on 13/12/2010, Rs.1000000.00 11/1/2011, Rs.5822332.00 on 1/4/2011, Rs.500000.00 on 22/7/2011, Rs.500000.00 on 26/7/2011, Rs.500000.00 on 26/7/2011, Rs.2200000.00 18/8/2011, Rs.706877.00 on 13/9/2011 and Rs.271311.00 on 22/9/2011. Anil Bedi and Mrs. Sarita Bedi transferred above Flat No.C-4-103 to the complainants on 4/9/2011.The opposite party gave approval for transfer on 14/9/2011 and endorsed the names of the complainants on 8/10/2011. The complainants paid Rs.1933438.00 on 4/10/2011, Rs.20000.00 on 4/10/2011, Rs.956719.00 on 5/12/2011, Rs.20000.00 on 5/12/2011, Rs.956720.00 on 3/2/2012, Rs.20000.00 on 3/2/2012, Rs.15000.00 on 6/4/2012, Rs.961719.00 on 6/4/2012, Rs.971623.00 on 5/6/2012, Rs.10000.00 on 5/6/2012, Rs.30000.00 on 1/7/2012 and Rs.951622.21 on 26/7/2012 (total amount of Rs.19832568.21). The complainants took loan of Rs.4034000.00 from Indiabulls Housing Finance Limited for payment to the opposite party, which was fully refunded by the complainants on 19/3/2012. As per clause-10(a) of the agreement, the construction of the flat had to be completed within 36 months from the date of commencement of the construction with grace period of six months. The period of 42 months expired in June, 2014. But the possession was unreasonably delayed. The opposite party offered fit-out possession vide letter dtd. 27/2/2017. The complainants vide email dtd. 10/3/2017, refused to take fit-out possession. The complainants received a letter dtd. 20/6/2017, along with an order of Civil Judge (Senior Division), Gurgaon dtd. 20/6/2017, passed in Civil Suit (Commercial) No.402 of 2017, by which the opposite party was restrained from transferring Flat No.C-4-103, along with some other flats in "Parsvnath Exotica", as these flats were already booked to Delhi Iron & Steel Co. (P) Ltd., prior to booking to Anil Bedi and Mrs. Sarita Bedi. Then the complaint was filed on 18/7/2017, alleging unfair trade practice and deficiency in service.