GULAB MODI Vs. IREO GRACE REALTECH PVT. LTD.

JUDGEMENT

(1.) This complaint is filed u/s 21 (a) (i) of the Consumer Protection Act, 1986 in respect of the flat booked by the complainants in a project promoted and developed by the opposite parties alleging deficiency in service and unfair trade practice resulting in delay in handing over possession of the flat and seeking refund of the amount deposited along with penal interest and other compensation.

(2.) The brief facts of the case are that the complainant had booked a flat in the project "The Corridors" promoted and developed by the Opposite party viz. Ireo Grace Realtech Pvt. Ltd. located on Golf Course Extension Road, Sector 67 A, Gurgaon, Haryana on 21/2/2013 for her residential purpose for a total sale consideration of Rs.2,15,24,609.98 and paid Rs.15,00,000.00 as earnest money to the opposite party. This was followed by another deposit of Rs.23,11,474.00 on 18/5/2013 and further instalments subsequently. An allotment letter was issued by the opposite party to the complainants on 7/8/2013 allotting flat no. CD-A5-07-702, i.e. flat number 702 on the 7th Floor of Tower A5 in Cluster A ad-measuring 1966.61 sq ft. The complainants deposited Rs.1,35,43,150.89 towards this flat by way of several instalments between February2013 and to December 2016. An Apartment Buyer's Agreement (in short "the ABA") was entered into between the complainants and the opposite party on 18/12/2013. As per clause 13.3 of the ABA, the opposite party committed to offer possession of the flat within 42 months i.e. by 22/8/2016 with an additional grace period of six months failing which compensation at the rate of Rs.7.50 per sq foot was promised by the opposite party to the complainant. This ABA was subsequently unilaterally revised by the opposite party on 14/3/2014 (executed on 3/6/2014) by which time the complainants had cumulatively paid Rs.66,05,148.00 towards the said flat. As per this revised ABA the rate per square foot of the flat was revised from Rs.8750.00 per sq ft to Rs.9400.00 per sq ft. However, possession of the said flat was not offered by the opposite party till the date of filing of the complaint. On 3/9/2016 the complainants received a letter dtd. 4/8/2016 from the opposite party intimating revision of plans in the project. Hence, the complainants decided to opt out of the project.

(3.) They have approached this Commission alleging deficiency in service and unfair trade practice by the opposite party in not adhering to the committed date of handing over possession and imposing entirely one sided conditions in the ABA that are in favour of the opposite party which the complainants as a consumer were unable to contest and were compelled to accept as considerable amounts had been deposited with the opposite party by then. A legal notice was served to him on 1/11/2016. It is alleged that the opposite parties failed to meet the planned milestones, changed the plans and pace of work and unilaterally altered the basic rate at which the flat was promised to be sold. The complainants are now before us with the following prayer: