ASHISH KAUL Vs. IREO GRACE REALTECH PVT. LTD

JUDGEMENT

(1.) The brief facts of the case are that complainant had booked a Flat in the project namely, 'The Corridors' being developed by the opposite party at Sector 67-A, Gurgaon vide application dtd. 22/3/2013. An Apartment Buyer's Agreement was entered into between the parties on 14/3/2014. The Opposite Party was under obligation to hand over the possession of the Apartment within 42 months from the date of approval of the building plans. The complainant was allotted Flat No. 1203 on 12th Floor, Tower A-6 measuring 1739.63 sq. ft. The complainant paid a total amount of Rs.1,70,84,219.00 towards total consideration amount of Rs.1,74,33,908.00. The opposite party, however, failed to keep its promise and failed to deliver the subject flat within the stipulated period till the filing of the present complaint. The complainant has requested for the refund of the amount along with interest @ 18% p.a. from the date of payment till realization along with Rs.5,00,000.00 towards mental harassment and agony and Rs.1,00,000.00 towards cost of litigation and Rs.10,00,000.00 towards deficiency in service and unfair trade practice.

(2.) Claim is contested by the Opposite Party.. They have raised several contentions and gave various reasons for the delay and requested that complaint be dismissed.

(3.) The parties led their evidences. We have heard the arguments and perused the relevant record. During the course of arguments, learned counsel for the complainant has relied on the findings of the Hon'ble Supreme court in the case of in Ireo Grace Relatech Pvt. Ltd., Vs Abhishek Khanna and Others (2021) 3 SCC 241 decided on 11/1/2021. Learned counsel for the Opposite Party submits that qua the flat in question, they have obtained the occupancy certificate and are in a position to hand over the subject flat. Learned counsel for the complainant submits that in terms of order of the Hon'ble Supreme Court in Abhishek Khanna ( supra), since the subject property falls in 'Chart-A' as chalked out by the Hon'ble Supreme Court in the said case, he is ready to take the possession of the subject flat, al-though his prayer has been for the refund of the money. It is requested that relief in terms of order of the Hon'ble Supreme Court in Abhishek Khanna ( supra ) be also awarded to him.