GAJENDRA AGARWAL Vs. HOMESTEAD INFRASTRUCTURE DEVELOPMENT PVT. LTD.

JUDGEMENT

(1.) Heard counsel for the complainant. Inspite of service of notice, nobody appears for the opposite parties and the opposite parties were proceeded ex-parte on 28/3/2019.

(2.) The above complaint has been filed for directing the opposite party to refund principal amount of Rs.27258575.00 with interest of Rs.18930844.79 and pay damages of Rs.10.00 lacs, for mental agony and harassment, cost of Rs.1.00 lac and any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that Homestead Infrastructure Development Pvt. Ltd. (opposite party-1) and Golden Peacock Residence Pvt. Ltd. (opposite party-2) were companies, registered under the Companies Act, 1956. Opposite party-2 was a subsidiary company of opposite party-1. The opposite parties were engaged in the business of development and construction of group housing project. In the year 2012, the opposite parties launched a group housing project, in the name of "Michael Schumacher World Tower", and made wide publicity of its facilities and amenities. The complainant was in need of a residence and applied for a flat on 26/6/2012 and deposited the booking amount. The opposite parties issued allotment letter dtd. 9/4/2013 allotting Unit no. 601 admeasuring 5370 sq. ft. to the complainant in the aforesaid project. Later on, opposite party-2 executed Flat Buyer's Agreement dtd. 28/10/2013 in respect of the aforesaid Unit no. 601 admeasuring 5370 sq. ft. for total sale consideration of Rs.53251640.00. The payment plan was construction linked payment plan. Clause 12 of the Agreement provides 36 months from the date of execution of the Flat Buyer's Agreement as period of handing over possession with grace period of six months. The complainant deposited the following instalments as per the demand of the opposite parties and total amount of Rs.27258575.00 has been deposited till 22/11/2014.