MEERA SACHDEVA Vs. JASMINE BUILDMART PVT. LTD

JUDGEMENT

(1.) Heard Mr. Arun Khosla, Advocate, for the complainant.

(2.) Ms. Meera Sachdeva (the complainant) has filed above complaint, for directing the opposite party to (i) complete the construction of the project "Provence Estate" as per specification, obtain "completion certificate", handover possession and execute conveyance deed in her favour within six months, or alternatively, hand over the task of the completing project to a renowned Architect/Civil Contractor and the opposite party be directed to handover, relevant drawings/documents and necessary fund to him or alternatively, direct the opposite party to refund entire amount deposited by her with interest @24% per annum from the date of respective deposit till the date of refund, (ii) pay interest @24% compounded quarterly on her deposits from 1/11/2014, (iii) reimburse the rent paid by her @ Rs.30.00 per sq.ft. per month on the super area from 1/11/2014, (iv) Rs.5.00 lakhs, as legal expenses incurred by her prior to institution of the complaint, (v) pay the cost of the litigation; and (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. Jasmine Buildmart Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects and selling its unit to the prospective buyers. It was a Krrish Group of Companies. The opposite party launched a project of group housing in the name of "Provence Estate" at Gwal Pahari, FaridabadGurgaon Road, Gurgaon, in the year 2011 and made wide publicity of the facilities and amenities of the project. Believing upon the representations and tall promises of the opposite party, the complainant booked a 4BHK flat on 27/7/2011 and deposited booking amount. The opposite party allotted Unit No.D-1601, super area 5800 sq.ft. @Rs.6250.00 per sq.ft., total sale consideration of Rs.39460000.00 to the complainant and executed Apartment Buyer's Agreement (ABA) in her favour on 15/11/2011. Payment Plan was "construction linked payment plan". As per demand, the complainant deposited Rs.25.00 lacs on 13/7/2011, Rs.11.25 lacs on 27/7/2011, Rs.3625000.50 on 16/9/2011, Rs.186687.50 on 16/9/2011, Rs.3625001.25 on 25/9/2011, Rs.93343.75 on 25/9/2011, Rs.2788756.00 on 17/1/2012, Rs.2802760.00 on 29/5/2012, Rs.3382758.00 on 26/9/2012, Rs.3817762.00 on 5/2/2013, Rs.4085466.00 on 23/5/2013, Rs.500000.00 23/9/2013, Rs.500000.00 23/9/2013, Rs2381361/- on 23/9/2013, Rs.2773563.00 on 13/10/2015 and Rs.312034.00 5/1/2017 (total Rs.34499493.00) and TDS of Rs.59376.00. Clause-3.1 of the ABA provides 36 months period from the date of commencement of the construction or execution of the agreement whichever is later, with grace period of 180 days, for delivery of possession. Due date of possession including grace period as per ABA expired on 15/5/2015 but the construction was neither completed nor possession was offered. Aggrieved with unreasonable delay in possession, about 50 apartment buyers of "Provence Estate" formed an association, named as "Krrish Provence Flat Buyers Association" and got it registered under Haryana Registration and Regulation of Societies Act, 2012, in order to watch their interest. The office bearers of the Association held a meeting with the officers of the opposite party on 10/3/2015. The opposite party informed that as various allottees had committed default in payment of instalments as such the construction was delayed and they promised that now the construction would be undertaken with full swing. The opposite party however did not start construction as promised. The Association wrote letters dtd. 8/4/2015 and 18/11/2015, requesting to complete the construction as early as possible. The opposite party wrote a letter dtd. 2/2/2016, again assuring to complete the construction expeditiously. Clause-3.3 of the ABA provides for delayed compensation in the form of interest @10% per annum on the deposits of the flat buyers. The Association therefore, vide letter dtd. 25/2/2016, demanded delayed compensation, in terms of the ABA. But the opposite party did not respond. The Association made a complainant dtd. 24/6/2016 to Haryana Government but nothing was done. The opposite party has abandoned the project from quite long time and was not doing any construction on the spot. The complainant is bearing burden of paying rent, due delay in possession. The opposite party is committing deficiency in service. Then, this complaint was filed on 23/2/2018.