SUKHBIR SINGH Vs. BPTP LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 (for short "the Act") against Opposite Party M/s. BPTP Limited (hereinafter referred to as Opposite Party Builder), by Dr. Sukhbir Singh and his wife Mrs. Sunita Singh, Complainants / Allottees of Residential Flat in a Group Housing Project, namely, "Park Prime Mansions" (for short "the Project"), to be developed and constructed by the Opposite Party Builder in Sector 66, Gurgaon, Haryana, seeking possession of the Unit alongwith compensation for the losses suffered by them on account of Unfair and Restrictive Trade Practices adopted and the deficient services rendered by the Opposite Party Builder in not handing over the possession of the allotted Apartment/Unit within the stipulated time.

(2.) According to the Complainants, facts of the case are that allured by the advertisements and the various lucrative representations made by the Officials and Brokers of the Opposite Party Builder that the Flats in the Project will be delivered within a period of 36 months, the Complainants jointly booked a Flat, i.e., Unit No. MA-3-404, admeasuring 2764 sq. ft. on 5/5/2010 by paying a sum of Rs. 1,00,000/- towards booking amount in the Project, namely, "Park Prime Mansions" (for short "the Project"), to be developed and constructed by the Opposite Party Builder in Sector 66, Gurgaon, Haryana. Flat Buyer's Agreement (hereinafter referred to as the Agreement) was executed between the Parties on 29/9/2010. The basic sale consideration of the Flat was Rs. 96,60,180/-The Complainants have deposited a sum of Rs. 1,00,82,487/- on different dates with the Opposite Party Builder as per its demand. It is stated that as per Clause 3.1 of the Flat Buyer's Agreement, the possession of the Flat was to be delivered by 4/5/2013, that is, within 36 months from the date of booking/registration, i.e., 5/5/2010. Despite having received a huge sum of Rs. 1,00,82,487/-, the Opposite Party Builder failed to deliver the possession of the Apartment.

(3.) Alleging deficiency in service and unfair trade practice on the part of the Opposite Party Builder, the Complainants have filed the present Complaint with following prayer:-