SHREYA KUMAR Vs. ANSAL HOUSING & CONSTRUCTION LTD.

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21(a) (i) read with Ss. 2(b) (iv) and 12(1)(c) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants, in the representative capacity, agitating their joint, personal as well as collective grievance against the Opposite Parties, M/s. Ansal Housing and Construction Ltd. and M/s. Samyak Projects Pvt. Ltd. (hereinafter referred to as the 'Developer' ) for the inordinate delay in handing over possession of the Flats booked by them in the Project under the name and style of "Ansal Heights" (hereinafter referred to as the "Project") proposed to be developed by the Developer at Sector 92, Gurgaon, Haryana.

(2.) Vide Order, dtd. 11/7/2017, the Complaint initially filed on behalf of the 12 Complainants, was allowed to be treated as a Joint Complaint u/s 12 (1) (c) of the Act on behalf of all the Allottees of the said Project. Further, vide Order dtd. 10/5/2019, a notice was also directed to be published u/s 13(6) of the Act in the Newspapers. During the proceedings of the case, I.A.Nos. 23100 of 2018, 13243 of 2019, 15844 of 2019, 16899 of 2019, 3567 of 2020, 1383 of 2021, 103 of 2021, 2312 of 2021, 6876 of 2021 and 10557 of 2021 were filed by the Allottees of the same Project seeking impleadment in the present Consumer Complaint. The Applications were allowed by this Commission by various Orders and the Applicants were allowed to join the proceedings as Co-Complainants.

(3.) According to the Complainants, the facts of the case are that in the year 2012, the Opposite Parties Developer launched a Group Housing Complex, christened as "Ansal Heights" supposed to be developed by them in Sector 92, Gurgaon, Haryana. The Project was advertized widely and many lucrative offers were promised. Complainants allured by the wide publicity of the Developer, booked their respective Residential Flats/Apartments in the said Project by paying the initial booking/application amount. Identical Allotment Letters containing the details of Flat/Apartment allotted to the Complainants and the payment schedule, were issued to them. Further, Identical Flat Buyer's Agreements (hereinafter referred to as the Agreement) were executed in respect of allotted Apartments between the 12 initial Complainants and the Developer during the period from 12/3/2012 to 31/7/2012. As per Clause 29 of the Agreement, the possession of the allotted Flat/Apartment was to be handed over to the Complainants within a period of 36 months plus grace period of 6 months, from the date of the execution of the Agreement. The Clause 29 of the Agreement is reproduced as under:-