REETA SRIMAL Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) Heard Mr. Sagar Chauhan, Advocate, for the complainant and Mr. Prabhakar Tiwari, Advocate, for the opposite parties.

(2.) Above complaint has been filed, for directing the opposite parties to (i) handover possession of Flat No.B-6-1002 and two car parking space, in the building "Parsvnath Exotica", complete in all respect as per specifications and amenities with "Occupation Certificate" and execute conveyance deed in favour of the complainant forthwith, (ii) pay delayed compensation in the form of interest @18% per annum on the deposit of the complainant, from 28/11/2009 till delivery of possession, (iii) pay Rs.500000.00 as the compensation for mental agony and harassment, (iv) to bear increase in all taxes after 28/11/2009, (v) pay the costs of litigation; and (vi) any other relief which is deemed fit in the facts and circumstances of the case. In alternative it has been prayed that in case, the opposite parties failed to deliver possession till 30/6/2018, they will be directed to refund entire amount of Rs.18442296.64 with interest @24% per annum, from the date of respective deposit till the date of payment.

(3.) The complainant stated that Parsvnath Developers Limited and Parsvnath Hessa Developers Limited (the opposite parties) were companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects. The opposite party-1 launched a group housing project in the name of "Parsvnath Exotica", at village Wazirabad, Sector-53, Gurgaon, in the year 2006 and made wide publicity. The complainant booked a 4BR flat on 7/7/2006 and deposited Rs.28.00 lacs. The complainant deposited Rs.1861250.00 + Rs.400000.00 as charges for two car parking space on 13/11/2006. The opposite party-1 allotted Flat No.B-6-1002 and executed Flat Buyer Agreement dtd. 28/11/2006 in favour of the complainant of Flat No.B-6-1002, admeasuring 3390 sq.ft. at the rate of Rs.5500.00 per sq.ft., basic price of Rs.18645000.00+ Rs.400000.00 for two covered Car Parking spaces, in "Parsvnath Exotica". The complainant opted for "Construction Linked Payment Plan". In the end of 2009, the project was handed over to Parsvnath Hessa Developers (P) Limited. As per demand of opposite party-2, the complainant deposited Rs.1912510.87 on 29/4/2011, Rs1912510.88 on 18/7/2011, Rs.1530008.71 on 19/11/2011, Rs.1530008.70 on 15/3/2012, Rs.1537690.44 on 15/5/2012, Rs1546908.52 on 1/10/2013 and Rs.1515968.52 on 9/12/2013 (total Rs.18242296.64). At the time of booking opposite party-1 informed that possession would be delivered within three years. As per clause-10(a) of the agreement, the construction of the flat had to be completed within 36 months from the date of commencement of construction of particular block with grace period of six months. But the possession was unreasonably delayed for about 11 years. The complainant visited the site on 31/3/2009 and found very slow progress in construction. Then the complaint was filed on 8/12/2017, alleging deficiency in service.