PRAMOD KUMAR Vs. ANSALHOUSING & CONSTRUCTION LIMITED

JUDGEMENT

(1.) Heard Mr. Sushil Kaushik, Advocate, for the complainant and Mr. Shivkant Arora, Advocate, for the opposite party.

(2.) Above complaint has been filed for directing the opposite party to refund the entire amount collected from the complainant towards the consideration of the house and other charges along with interest @18% per annum from the date of respective deposit till the date of payment, to pay Rs.500000.00 as the compensation for mental agony and harassment and towards cost of litigation to the complainant and any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that Ansal Housing & Construction Ltd. was a company registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. In the year 2011, the opposite party has launched a project in the name of "Ansal Heights-86", at Sector 86, Gurgaon, Haryana. On coming to know about the aforesaid project, complainant booked a flat and deposited the booking amount on 24/3/2012. The opposite party allotted flat No. D-0703, admeasuring 1895 sq.ft., basic price Rs.6893579.00 and executed Builder Buyer's Agreement dtd. 16/10/2012, in his favour. As per Clause 31 of the agreement, the possession has to be delivered within 42 months from the date of execution of the agreement or from the date of obtaining all the required sanctions and approvals necessary for construction with grace period of six months. The payment plan as per agreement was "Construction Linked Payment Plan". The complainant deposited total amount of Rs.7628773.51 up to 6/4/2017. As the opposite party has taken instalments at different level of the construction, therefore, the opposite party had to deliver possession up to March, 2016 and after including grace period of six months upto September, 2016 but the construction was neither completed nor possession was offered. Then this complaint has been filed on 27/3/2018.