AMBRISH CHAUDHRY Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) The present batch of Consumer Complaints has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants against the Opposite Parties (hereinafter referred to as the "Developer") for refunding of amount deposited by them as the Developer failed to handover the possession of the Flats booked by them in the Project launched by the Developer under the name and style of "The Corridors ", within stipulated period as promised.

(2.) Since the facts and question of law involved in these Complaints are similar except for minor variations in the dates and events and Flat numbers, these Complaints are being disposed of by this Common Order. However, for the sake of convenience, Consumer Complaint No. 1666 of 2018 is treated as the lead case and the facts enumerated hereinafter have been taken from Consumer Complaint No. 1666 of 2018.

(3.) According to the Complainant, the facts of the case are that in response to the Applications invited by the Opposite Party 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 Complainant had booked a 2 BHK Residential Flat on 13/3/2013 for a total Sales Consideration of 1,46,09,986/- in the said Project by paying the amount of 16,50,000/- towards initial payment/earnest money. The Complainant was allotted Unit No. CD-C8-06-603 having tentative super area of 1483.79 sq. ft. vide Allotment Offer Letter dtd. 7/8/2013. Thereafter, on 11/7/2014, an Apartment Buyer's Agreement (hereinafter referred to as the "Agreement") was executed between the parties and as per Clause 13.3. Of the Agreement, the possession of the allotted Unit was to be handed over to the Complainant within a period of 42 months from the date of approval of the Building Plans with an additional 180 days as "Grace Period". Clause 13.3 of the Agreement reads as under:-