AKRITA KALRA Vs. M/S. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) Heard Ms. Ruchira Gupta, Advocate, for the complainant and Mr. Prabhakar Tiwari, Advocate, for the opposite parties.

(2.) Above complaint has been filed, for directing the opposite parties to (i) handover possession of Flat No.B-6-902, in the building "Parsvnath Exotica", complete in all respect as per specifications, forthwith, (ii) pay delayed compensation in the form of interest @18% per annum, on the deposit of the complainant and her transferor, from the date of deposit till the date of delivery of possession, (iii) pay Rs.20.00 lacs, as compensation for mental agony and harassment, (iv) pay the costs of litigation; and (v) any other relief which is deemed fit in the facts and circumstances of the case.

(3.) The complainant stated that M/s. Parsvnath Developers Limited and Parsvnath Hessa Developers Private Limited (the opposite parties) were companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects. Opposite party-2 was a joint venture company of opposite party-1. Opposite party-1 launched a group housing project in the name of "Parsvnath Exotica", at village Wazirabad, Sector-53, Gurgaon, in the year 2006 and made wide publicity. M/s. Jamboree Educations Pvt. Ltd. (predecessor-in-interest of the complainant) booked a 4BR flat on 2/11/2006 and deposited Rs.3051000.00. Opposite party-1 allotted Flat No.B-6-902, in "Parsvnath Exotica" to it. M/s. Jamboree Educations Pvt. Ltd. again deposited Rs.2332300.00 on 18/12/2006. Opposite party-1 executed Flat Buyer Agreement dtd. 19/12/2006 in favour of M/s. Jamboree Educations Pvt. Ltd. of Flat No.B-6-902, admeasuring 3390 sq.ft. at the rate of Rs.5880.00 per sq.ft., basic price of Rs.19933200.00+ Rs.400000.00 for two covered Car Parking spaces, in "Parsvnath Exotica". M/s. Jamboree Educations Pvt. Ltd. opted for "Construction Linked Payment Plan". Opposite party-1, vide letter dtd. 15/6/2010, informed that construction work of Tower-6 was started and demanded instalment of "On start of foundation". M/s. Jamboree Educations Pvt. Ltd. deposited Rs.1993320.00 on 1/7/2010, Rs.2044647.99 on 4/5/2011, Rs.2044647.99 on 16/7/2011, Rs.1635718.39 on 21/11/2011, Rs.1635718.39 on 20/3/2012 and Rs.1643930.87 on 21/5/2012, as per demand of opposite parties-1 and 2. The project "Parsvnath Exotica" was transferred to Parsvnath Hessa Developers Private Limited (opposite party-2), who started to realize instalment from April, 2011. M/s. Jamboree Educations Pvt. Ltd. transferred the above flat to the complainant with the permission of opposite party-2, on 21/7/2012. Opposite party-2 charged Rs.698950.20 as administrative charges and made endorsement in her favour on 13/3/2013. The complainant deposited Rs.1637248.00 on 5/10/2013 and Rs.1637248.00 on 18/12/2013, as per demand. Opposite party-2, vide letter dtd. 30/10/2015, demanded the entire balance amount at a time from the complainant. The complainant deposited Rs.16537.86 on 24/2/2017. By this time total Rs.20395082.00 was deposited by M/s. Jamboree Educations Pvt. Ltd. and the complainant. As per clause-10(a) of the agreement, the construction of the flat had to be completed within 36 months from commencement of construction with grace period of six months. The period of 42 months expired in December, 2013. When the possession was unreasonably delayed, the complainant gave a legal notice dtd. 16/10/2017 to the opposite parties for handing over possession forth with. The opposite parties did not respond. Then the complaint was filed on 10/11/2017.