VIDYA Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) Heard Mr. Madhurendra Kumar, Advocate, for the complainants and Mr. Prabhakar Tiwari, Advocate, for the opposite party.

(2.) Above complaint has been filed, for directing the opposite party to (i) handover possession of Unit No.702, Tower-2, in the building "Parsvnath Paramount", complete in all respect as per specifications, forthwith, (ii) to pay delayed compensation of Rs. 13736350.00 with interest @24% per annum, (iii) to pay Rs. 20000.00 per month from the date of filing of the complaint till delivery of possession, (iv) to pay Rs. 110000.00, as the costs of litigation, (v) to pay Rs. 10.00 lacs, as compensation for mental agony and harassment; and (vi) any other relief which is deemed fit in the facts and circumstances of the case. The complaint was amended with the leave of the Commission vide order dtd. 24/3/2022 and relief of refund of money as per market value of the flat with interest @24% per annum has been prayed.

(3.) The complainants stated that M/s. Parsvnath Developers Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects. The opposite party launched a group housing project in the name of "Parsvnath Paramount", at Subhash Nagar, (near Subhash Nagar Metro Station), Delhi, in the year 2008 and made wide publicity. On coming to know about the project, the complainants booked a 3BHK flat on 15/7/2008 and deposited Rs1603066/-. The opposite party allotted Flat No.301 admeasuring 1805 sq.ft. at the rate of Rs. 7105.00 per sq.ft. total price of Rs. 12824525.00+ Rs. 300000.00 for covered Car Parking space, Tower-3, in "Parsvnath Paramount" to them. The opposite party executed Flat Buyer Agreement dtd. 10/10/2008, in favour of the complainants. As per clause-11(a) of this agreement, the construction of the flat has to be completed within 30 months of commencement of construction with grace period of six months. The complainants opted for "Construction Linked Payment Plan", under which 25% of sale price was payable within 30 days of booking, 60% of sale price + Car Parking charge was payable in six instalments and 15% of sale price was payable in three instalments The complainants deposited Rs1603066/- on 15/7/2008, Rs1603066/- on 14/8/2008, Rs. 1582452.00 on 30/10/2008, Rs. 340685.00 on 11/6/2011, Rs. 615321.00 on 13/7/2011, Rs. 800000.00 on 13/7/2011, Rs. 315320.00 on 14/10/2011, Rs. 900000.00 on 14/10/2011, Rs. 1422426.54 on 9/4/2012, Rs. 500000.00 on 21/4/2012, Rs. 520697.00 on 21/4/2012, Rs. 1422426.00 on 28/6/2012, Rs. 1422427.00 on 30/1/2013, Rs. 708345.00 on 8/11/2013 and Rs. 7155.00 on 21/12/2013 (total Rs. 13062971.00) as per demand of the opposite party. The opposite party unilaterally transferred Flat No.301, Tower-3 to Flat No.-702 (admeasuring 1942 sq.ft.), Tower-2, in April, 2011. The opposite party collected Rs. 60141.00 on 29/1/2014 and Rs. 60141.00 on 13/3/2014, in the head of VAT. The opposite party demanded Rs. 715477.18, vide letter dtd. 25/10/2013, on "Start of Internal Plaster". The period of 36 months had already expired. The complainants tried to contact the opposite party to know the progress of the project. The opposite party avoided to reply correct facts. The complainants visited the site in June, 2015 and found that no construction work was going on. The complainants, vide letter dtd. 15/6/2015, inquired as to within what time, the construction would be completed. The opposite party vide letters dtd. 29/6/2015 and 5/7/2015, gave vague and evasive reply that they would complete the project at the earliest. The complainants, vide letters dtd. 28/10/2015 and 6/1/2016 wanted to know the exact time, up to which, they would get possession. The opposite party did not respond. Then the complaint was filed on 21/9/2016.