KAMLESH KUMARI Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants, against the Opposite Party No.1 M/s. Ireo Grace Realtech Private Ltd. (hereinafter referred to as the 'Developer'), Opposite Party No. 2 Precision Realtors Private Limited, Opposite Party No.3 Blue planet Infra developers Pvt. Ltd., Opposite Party No. 4 Madeira Conbuild Private Limited and Opposite Party No. 5 M/s. Global Estate, for refunding of money as the Opposite Party Developer failed to hand-over the possession of the Flat booked by them in the Project launched by the Developer in the name and style of "The Corridor ", within stipulated period.

(2.) According to the Complainants, the facts of the case are that in response to the Applications invited by the Opposite Party No. 1 Developer for allotment of flats in their upcoming Project, "The Corridors" (hereinafter referred to as the 'Project') located at Golf Course Extension Road, Sector-67-A, Tehsil & District Gurgaon, Haryana, the Complainants booked a residential flat in the Project by paying earnest money of 16,00,000/- vide receipt No. 13211580 dtd. 16/3/2013. The Complainants were allotted Unit No. CD-A9-11-1102 having super area of 1892.21 sq. ft. on 7. 08.2013. Apartment Buyer's Agreement (hereinafter referred as the Agreement) was executed between the Parties. As per Clause 13.3 of the Agreement, the possession of the Unit was to be handed over within a period of 42 months from the date of approval of the building plans. Clause 13.3 of the Agreement reads as under:

(3.) The Complainants made payment of 2,11,87,810.59/- (Rupees Two Crore Eleven Lacs Eighty Seven Thousand Eight Hundred Ten & Paisa Fifty Nine only) on different dates upto December 2016 against a total cost of 2,12,45,590.76ps., as per demand of the Opposite Party Developer, despite that the Opposite Party Developer could not complete the construction work at the Project within stipulated period and failed to deliver the possession of the Unit. The Opposite Party Developer sent Notice of Possession letter on 11/6/2019. However, after visiting the site, the Complainant found the Unite in not a habitable condition. Alleging deficiency in service and Unfair Trade Practice on the part of the Opposite Party Developer, the Complainants have filed the present Complaint with following prayer:-