SARANPAL SINGH Vs. ANANT RAJ INDUSTRIES LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") by Mr. Saranpal (hereinafter referred to as the Complainant) who is Co-Applicant with his brother Mr. Gurinder Singh and duly Authorized Representative to file the present Complaint vide Special Power of Attorney dtd. 11/10/2019 against the Opposite Party M/s Anant Raj Industries Limited (hereinafter referred to as the Opposite Party) seeking delay compensation @18% per annum for delay in delivery of possession of the Unit.

(2.) The brief facts leading upto the present Complaint are that the Complainants booked the Apartment (hereinafter referred to as the Unit) in the Project of the Opposite Party "MACEO" situated at Sector-91, Gurugram Haryana. The Complainants paid Rs.5,00,000.00 as the booking amount as per 'Time Linked/Construction Linked Payment Plan' and thereafter they were allotted Unit- N 603, 6th Floor, Tower-N, area admeasuring 1404 Sq. Fts.

(3.) The Opposite Party i.e. M/s Anant Raj Industries Limited (hereinafter referred to as the OP) and the Complainants executed an Apartment Buyer's Agreement dtd. 27/6/2013 (hereinafter referred to as the Agreement) wherein the total consideration of the Unit was mentioned as Rs.87,37,556.00 inclusive of BSP, PLC, EDC, IDC, IAC, Club Charges, Service Tax. As per clause 7 of the Agreement the Unit was to be delivered within 36 (thirty-six) months from the date of Application Form i.e. by 27/6/2016. The relevant portion of Clause 7.1 reads as under: