TARUN GUPTA Vs. PAREENA INFEASTRUCTURES PVT. LTD

JUDGEMENT

(1.) Heard Mr. Sanjay Agarwal, Advocate, for the complainant and Mr. Kushagra Bansal, Advocate, for the opposite party.

(2.) The above complaint has been filed for directing the opposite party to hand over possession of the flat complete in all respects to the complainant after taking the balance amount or in alternative, to refund total amount of Rs.47,12,388.00 along with interest @24% per annum from the date of respective deposit till the date of actual payment, Rs.30.00 lacs as compensation for mental agony and harassment, Rs.305000.00 as cost of the litigation and any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant stated that Pareena Infrastructure Pvt. Ltd. (the opposite party) 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 2012, the opposite party launched a project in the name of 'Express Heights' at Sector-99, Gurgaon, Haryana. The complainant was in need of a residence and booked a flat on 12/4/2012 and deposited the booking amount of Rs.776809.00. Thereafter, the opposite party issued an allotment letter on 19/5/2012 allotting flat no.301, Tower No. K, Type Gold Corporate, area 1970 sq. ft., total sale consideration of Rs.9215890.00. The payment plan was possession linked payment plan under which 50% amount has to be deposited initially and remaining 50% has to be deposited at the time of offer of possession. As per demand, the complainant deposited Rs.4712388.00 upto 6/7/2012. Under clause 3.1 of the second agreement, the possession has to be delivered within four years from the date of start of construction or execution of the agreement. Although the construction was started prior to the agreement, but the agreement was executed on 16/10/2012 and the four year period expired upto December 2012. The due date of possession expired in December 2016. The complainant visited the site and found that the construction on the spot was not satisfactory. The complainant gave a notice dtd. 4/7/2016 either to deliver possession within a period of one week or to refund his amount along with interest @24% per annum. The opposite party then gave his reply in vague terms in which neither there was any specific assurance for giving possession nor there was any specific mention of refund of the money. The complainant then gave legal notice on 29/8/2016. The opposite party replied to the legal notice also but there was no clear averment on either they would return the money or give possession. Then the complaint was filed before the State Consumer Disputes Redressal Commission, Delhi in the year 2016 but on account of pecuniary jurisdiction, the complaint was returned to file the same before the appropriate forum. Then this complaint was filed on 24/10/2018.