SIDDHARTH SAWHNEY Vs. CHD DEVELOPERS LIMITED

JUDGEMENT

(1.) The brief admitted facts of the case are that complainant is the subsequent purchaser of apartment no 106-T02-14/02 measuring 1183 sq.ft. in the project of Opposite Party No.1 known as 106 Golf Avenue, Gurgaon. On 17/3/2015, the Apartments Buyer Agreement was endorsed in favour of the complainant. As per the agreement the date of delivery of possession of the subject flat was in July, 2016. The complainant has so far paid a sum of Rs.79,92,915.00 on various dates. Complainant had been promised vide emails of delivery of possession but till the filing of the complaint in the year 2019 the possession of the said flat was not delivered to the complainant. The complainant had alleged that this amounts to deficiency in service on the part of the opposite party. It is further contended that till the filing of the complaint the project was not completed and no occupancy certificate had been obtained by the opposite party. The complainant in his complaint has prayed for the delivery of possession along with interest @ 18% p.a. on account of delay in handing over of the possession and in alternate the complainant has claimed refund of the deposited amount along with interest @ 18% p.a. and has also claimed Rs.2.00 lakh as litigation cost and Rs.50,000.00 towards mental agony and harassment.

(2.) In the written version the opposite party has made several contentions. They have given detailed reasons for delay in completion of the project which they attributed to the several statutory authorities including RERA and HRERA. It is also contended that there was no deficiency in service on their part.

(3.) We have heard the arguments of learned counsel for the complainant since it is mentioned by learned counsel for the complainant that it is a covered matter although none had appeared on behalf of the opposite parties.