GAUTAM SAHA Vs. ANANT RAJ INDUSTRIES LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 read with Sec. 12(a) of the Consumer Protection Act, 1986 (for short "the Act") by Mr. Gautam Saha & Anr. (hereinafter referred to as the Complainants) against the Opposite Party M/s Anant Raj Industries Limited (hereinafter referred to as the Opposite Party) seeking refund of the entire amount collected by the Opposite Party along with penal Interest @18% per annum.

(2.) The brief facts leading upto the present Complaint are that the Complainants booked the Apartment (hereinafter referred to as the Unit) in the Project of the Opposite Party "MACEO" situated at Sector-91, Gurugram Haryana. The Complainants paid Rs.7,00,000.00 as the booking amount on 5/8/2011 as per 'Time Linked/Construction Linked Payment Plan' and thereafter they were allotted Unit No. R-1003, 10th Floor, Tower-R, area admeasuring 2491 Sq. Ft.

(3.) The Opposite Party i.e. M/s Anant Raj Industries Limited and the Complainants executed an Apartment Buyer's Agreement dtd. 19/9/2012 (hereinafter referred to as the Agreement) wherein the total consideration of the Unit was mentioned as Rs.80,09,735.00 inclusive of various charges like BSP, PLC, EDC, IDC, IAC, Club Charges, Service Tax. As per clause 7 of the Agreement, the Unit was to be delivered within 36 (thirty-six) months from the date of signing of the Agreement, i.e. by 19/9/2015 and by 19/3/2016 when the grace period of 6(six) months is included. The relevant portion of Clause 7.1 reads as under: