PRINCE KOHLI Vs. SS GROUP PVT. LTD.

JUDGEMENT

(1.) The present complaint has been filed seeking refund of the amount of Rs.2,19,51,791.00towards principal amount and interest accrued till 31/5/2018 or in the alternative to hand over the possession and a sum of Rs.20.00 lakhs towards compensation for negligence, unfair trade practice, harassment, agony and sum of Rs.55,000.00 towards cost of litigation

(2.) Complainants have stated that they had booked a residential apartment in the project, namely, "The Coralwood & Almeria" (as per Flat Buyer's Agreement dtd. 1/6/2012) being developed by the opposite party at Sector 84, Gurgaon. Allotment letter dtd. 9/5/2012 was issued to them whereby apartment bearing No. 10-A in Building 10-A for total consideration of Rs.1,28,52,000.00 was issued. A flat buyer agreement was executed between the parties on 1/6/2012. As per clause 8 of the Builder-Buyer Agreement, opposite party was supposed to hand over possession of the flat within 36 months from the date of said agreement. The complainants in the complaint have stated that they paid an amount of Rs.1,12,59,314.00 to the opposite party till 19/12/2014. However, even till the filing of the consumer complaint, the possession had not been delivered. Hence, the present complaint.

(3.) The complaint has been resisted by the opposite party by filing the written statement. It is submitted that construction is complete and occupancy certificate dtd. 17/10/2018 has been obtained and it is submitted that delay had occurred due to default on the part of the allottees including the complainants in making timely payments of due instalments. It is also submitted that offer of possession was made on 23/11/2018, and, therefore, the complainants were bound to take the possession of the subject flat and not entitled for refund.