PARKLANDS PRIDE BUYERS ASSOCIATION Vs. BPTP LTD.

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act") by Parklands Pride Buyers Association registered under the Haryana Registration and Regulation of Societies Act, 2012 (hereinafter to be referred to as the "Complainant Association"), on behalf of its Members against the Opposite Parties, M/s. BPTP Ltd. and M/s. BPTP Parklands Pride Ltd. (hereinafter referred to as "the Developer") alleging deficiency in service on their part in not handing over the possession of the Apartment booked by the Members of the Complainant Association in terms of Agreement.

(2.) The facts leading upto the present Complaint are that in the year 2011 the Members of the Complainant Association had booked Apartments/Flats in the Project, namely "Parklands Pride" (hereinafter referred to as the "Project") proposed to be developed by Opposite Party Developer at Sector 77, Faridabad. Thereafter, Identical Allotment Letters were issued in favour of the Members of the Complainant Association allotting the Units to them. It is stated that after 15-18 months of the booking and paying of more than 30% of the total Sale Consideration by the Allottees, they were forced to sign on dotted line the one-sided Floor Buyers Agreement (hereinafter referred to as the "Agreement") in the year 2013. As per Clause 5 of the Agreement, the possession of the allotted Apartments was to be handed over to the Members of the Complainant Association within a period of 30 months from execution of the Agreement with an additional 180 days as "Grace Period". Clause 5 of the Agreement reads as under:-

(3.) It is averred in the Complaint that in terms of afore-extracted Clause 5 of the Agreement, the physical possession of the allotted Apartments, complete in all respect, was supposed to be handed over in or around July 2015 to most of the Members of the Complainant Association. However, all the Allottees have been waiting for the shelter over their head and they have already paid almost 80% to 90% of the total Sale Consideration to the Developer and moreover they have been paying heavy interest on the amount borrowed from the Banks/Financial Institutions for payment of the instalments. It is further stated that almost all the Clauses of the Agreement are unjust, unfair, unilateral and arbitrary. The Developer is at liberty to change the Layout Plan, inter-se area of the Project, increase the super area etc. without the consent of the Allottees. Clauses 2.8 and 5.3 of the Agreement highlight penalty of interest @ 18%p.a. payable by the Allottees in the event of delayed payments and further mentions cancellation of allotment/forfeiture of 20% of the Earnest Money if the arrears continue, however, on the contrary, the Developer is only liable to pay compensation @10/- per sq. ft p.m of the Built Up Area for the period of delay in handing over possession in terms of Clause 3.3 of the Agreement. Clauses 9.4 and 9.5 stipulate that the Developer at its own shall designate a Maintenance Agency and the Allottees shall execute a Maintenance Agreement with the said Agency. The Club and the Car Parking area have been illegally excluded from the "Common Area" vide Clause 1.9.