SHILPA DULANI Vs. ANSAL HOUSING & CONSTRUCTION LTD.

JUDGEMENT

(1.) Heard Mr. Salil Paul, Advocate, for the complainants and Mr. Shivkant Arora, Advocate, for the opposite parties.

(2.) Above complaint has been filed for directing the opposite parties to refund Rs.6917756.33, with interest @18% per annum from the date of respective deposit till the date of realization and any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainants stated that Ansal Housing & Construction Ltd. and Samyak Projects Pvt. Ltd. were the companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. Samyak Projects Pvt. Ltd. was owner of the project land. By an agreement between the opposite parties, development work of the group housing project, was given to Ansal Housing & Construction Ltd., who launched the project "Ansal Heights-86", at Sector 86, Gurgaon, in 2011. On coming to know about the aforesaid project, complainants booked a flat and deposited the booking amount on 30/11/2011. Opposite party-1 allotted Flat No. C-1004, admeasuring 1895 sq.ft., basic price Rs.6434041.75 to the complainants and executed Flat Buyer's Agreement dtd. 13/8/2012, in their favour. As per Clause 31 of the agreement, the possession had to be delivered within 42 months from the date of execution of the agreement or from the date of obtaining all the required sanctions and approvals necessary for construction with grace period of six months. The payment plan as per agreement was "Construction Linked Payment Plan". The complainants deposited total amount of Rs.6917756.33 up to 11/7/2017. As opposite party-1 took instalments at different level of the construction, therefore, opposite party-1 had to deliver possession upto February, 2016 and after including grace period of six months upto August, 2016 but the construction was neither completed nor possession was offered. This complaint has been filed on 30/9/2019.