MOHANESH MALIK Vs. PURI CONSTRUCTION PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Sanjoy Kumar Ghosh, Advocate, for the complainants and Mr. Pravin Bahadur, Advocate for the opposite parties.

(2.) Mohanesh Malik and Mrs. Pooja Malik have filed above complaint for directing opposite parties-1 & 2 to revoke cancellation letter dtd. 6/3/2014, cancelling provisional allotment of Unit No.D-1-1201-A in the complex "Diplomatic Green, Phase-1"; (ii) to refund the complainants the excess amount of EDC and IDC received from them; (iii) to revoke and withdraw legal notice dtd. 29/3/2014 issued by opposite party-3 and directing opposite party-3 to continue with the loan agreement; (iv) to pay Rs.9800000.00 as compensation for mental agony (v) to pay Rs.200000.00 as cost of the litigation; and (vi) any other relief, which is deemed fit and proper in the facts and circumstances of the case be awarded to the complainants.

(3.) It has been stated that opposite party-1 is a company registered under the Companies Act, 1956 and engaged in the business of development and construction of Group Housing Project. The opposite parties-2 was its Managing Director. The opposite party launched a project in the year 2011 in the name of "Diplomatic Green Phase-1", Urban Estates in Village Chouma, Sector-110A and 111, Gurgaon, Haryana. On coming to know about of the project and alluring on the representation and assurance of the opposite parties, the complainants booked an unit of an area of 4500 sq.ft. and deposited booking amount of Rs.1000000.00 on 18/12/2011. The opposite parties issued a provisional allotment letter dtd. 18/12/2011 allotting Unit No.D-1-1201-A, for basic price of Rs.32400000.00 i.e. @Rs.7200.00 per sq.ft. in the project "Diplomatic Green". The complainants deposited Rs.661715.00 on 14/2/2012, Rs.6000000.00 on 5/4/2012, Rs.1800000.00 on 27/4/2012, Rs.800000.00 on 5/5/2012, Rs.500000.00 on 5/5/2012, Rs.300000.00 on 21/5/2012, Rs.200000.00 on 1/6/2012, Rs.699138.00 on 18/6/2012, Rs.99537.00 on 22/8/2012, Rs.3562550.00 on 23/10/2012, Rs.132252.00 on 19/12/2012, Rs.2182252.00 on 15/3/2013, Rs.1380087.00 on 27/4/2013, Rs.2453479.00 on 15/7/2013, Rs.2430000.00 on 1/8/2013, Rs.2430000.00 on 3/10/2013, Rs.1620000.00 on 5/2/2014 as per demand. Apartment Buyer's Agreement was executed on 14/6/2012, in which, total consideration of Rs.38675321.00 (including External Development Charges (EDC) @Rs.303.00 per sq.ft. and Internal Development Charges (IDC) @ Rs.32.00 sq.ft.) was mentioned. The complainants entered into a tripartite agreement dtd. 17/5/2012 with Citibank, for taking loan of Rs.22000000.00. The complainants provided all necessary documents to the bank. Thereafter, the Citibank made payment of the loan amount to the builder directly.