ACHAL SINGHAL Vs. THREE C SHELTERS PVT. LTD

JUDGEMENT

(1.) This complaint has been filed under Sec. 21 (a) (i) of the Consumer Protection act. 1986. The complainants have alleged that there has been delay by M/s Three C Shelters Pvt. Limited (Opposite Party) in delivering the residential unit booked by them in the project executed by the opposite party, namely 'Project Greenopolis', situated in Sector 89, District Gurgaon, Haryana. They have, therefore, claimed refund of the amount deposited along with interest and other compensation from the opposite party.

(2.) The facts of the case are that the complainants had booked a residential flat in the above-said project on 6/11/2012 and were allotted apartment no. 201, Second Floor, Tower 7 with super area ad-measuring 1660 sq ft for a total sale consideration of Rs.1,03,16,625.00. an apartment Buyer's agreement was signed by them with the opposite party on 19/6/2013. as per clause 5(1) of this agreement, the opposite party undertook to complete the construction of the apartments within 36 months with a grace period of six months from the date of allotment of the apartment, i.e., 16/11/2012. The complainants had deposited Rs.9,09,339.00 at the time of booking of the said apartment and thereafter obtained home loan from the ICICI Bank and deposited various amounts with the opposite party from time to time from their savings and this loan totalling to Rs.95,35,705.00 as on 8/3/2016. according to the complainants all the amounts were paid without delay and against receipts.

(3.) The complainants have alleged that the apartment Buyer's agreement has imposed several one sided clauses, especially clause 5.5 regarding the amount of compensation for delay which was quite the opposite of interest to be charged on the complainant in case of delay on their part which is against the principles of parity and is therefore, an unfair trade practice on the part of the opposite party.