ANJANA MITTAL Vs. ANSAL HOUSING & CONSTRUCTION LTD

JUDGEMENT

(1.) Heard Mr. Deepak Sabharwal, Advocate for the complainants and Mr. Shivkant Arora, Advocate for the opposite party.

(2.) Above complaint has been filed for directing the opposite party to refund the amount of Rs.7039824.00 and Rs.159692.00 with interest@ 24% per annum from the date of respective deposit till the date of payment, Rs.2000000.00 as the compensation for mental agony and harassment, Rs.150000.00 as cost of the litigation, future interest @ 24% compounded quarterly on entire amount till the date of realisation and any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that Ansal Housing & Construction Ltd. 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 2011, the opposite party has launched a project in the name of "Ansal Heights -86", at Sector 86, Gurgaon. On coming to know about the aforesaid project, Rajesh Kumar Yadav and Smt. Geeta Yadav (Predecessor-in-interest of the complainants) booked a flat and deposited the booking amount on 30/11/2011. The opposite party allotted flat No.B-503, admeasuring 1895 sq.ft., basic price Rs.6434042.00 and executed Flat Buyer's Agreement dtd. 6/9/2012, in their favour. Rajesh Kumar Yadav and Smt. Geeta Yadav transferred the aforesaid flat to the complainants on 6/5/2013. The transfer was duly endorsed by the opposite party on 11/6/2013, after taking transfer charges of Rs.159692.00, in Flat Buyer's Agreement dtd. 6/9/2012. Thereafter the opposite party issued allotment letter to the complainants on 19/6/2013. As per Clause 31 of the agreement, the possession has to be delivered within 42 months from the date of execution of the agreement or from the date of obtaining all the required sanctions and approvals necessary for construction with grace period of six months. The payment plan as per agreement was "Construction Linked Payment Plan". The complainants and their predecessor deposited total amount of Rs.7039824.00 has been deposited up to 14/12/2015. Transfer charges of Rs.159692.00 has also been deposited at the time of transfer in June, 2013. As the opposite party has taken instalments at different level of the construction, therefore, the opposite party had to deliver possession up to March, 2016 and after including grace period of six months upto September, 2016 but the construction was neither completed nor possession was delivered. The complainants gave a notice dtd. 30/11/2017 for refund of the money. The opposite party did not respond the notice. Then this complaint has been filed on 22/2/2018.