VIPIN GUPTA Vs. IMPERIA STRUTURES LTD

JUDGEMENT

(1.) The bunch of present Consumer Complaints has been filed under Sec. 12(1) (a) read wi Ss. 21 and 22 of the Consumer Protection Act, 1986 (for short "the Act") by th Complainants/Purchasers of the Flats/Apartments in Group Housing Residential Project, und the name and style "THE ESFERA" proposed to be developed at Sector 37 C, Gurgaon 9 District Gurugram, Haryana (hereinafter referred to as the "Project"), by the Opposite Party, i. M/s. Imperia Structure Ltd. (hereinafter referred to as the Developer), inter-alia, allegin deficiency in service in not handing over the possession of the booked Flat/Apartment with stipulated period and seeking refund of amount deposited by them along with reasonab interest and compensation.

(2.) Since the facts involved in these Complaints are similar except for minor variations in the Un Numbers and their Sale Consideration, these Complaints are being disposed of by this commo Order. However, for the sake of convenience, the facts as enumerated in Consumer Complai No. 969 of 2019 have been discussed at length herein.

(3.) Facts as narrated in the Complaint are that the Developer decided to develop a Residenti Group Housing Project called " THE ESFERA" at Sector 37 Gurgaon 92, Haryana. Bein allured by the representations of the Developer, Complainants, husband and wife, applied f booking of a Residential Apartment for use of self and family on 17/9/2011, and subsequentl Complainants were allotted Apartment No. 303 in Tower C on 3 rd floor having Super Area 1650 Sq. Ft, for a total Sale Consideration of 71,56,250/-. After a span of two years, pre-printed set of papers christened as " Apartment Buyer Agreement " (hereinafter referre to as "the Agreement) were sent to the Complainants for signatures. According to th Complainants, these papers were actually a standard form adhesion contract having sever unconscionable Clauses. It is averred that the Developer threatened to cancel the allotment an forfeit the earned money if the Agreement is not signed, therefore, the Complainants execute the Agreement on 24/1/2013.