VIKAS CHADHA Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Pawan Kumar Ray, Advocate, for the complainant, Mr. Sameer Chaudhary, Advocate, for opposite Party.

(2.) Vikas Chadha has filed above complaint, for directing the opposite parties to (i) refund Rs.17836357.04 with interest @18% per annum from the date of respective deposit till the date of refund, (ii) pay Rs.500000.00, as compensation for mental agony and harassment, (iii) pay Rs.50000.00, as litigation cost; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that opposite party was 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. The opposite party launched a group housing project in the name of "The Corridors" at villages Dhumaspur and Maidwas, Sector-67-A, Gurgaon, in January, 2013 and made wide publicity of the facilities and amenities of the oncoming project. Believing upon the representations and tall promises of the opposite party, the complainant booked a 3BHK+S flat on 22/3/2013 and deposited booking amount. The opposite party issued application form for allotment on 22/3/2013, which was filled up by the complainant and submitted on the same day. The opposite party issued Allotment Offer Letter dtd. 7/8/2013, allotting Apartment No.CD-A-4/8/804, super area 1920.37 sq.ft. and executed Apartment Buyer's Agreement (ABA) on 27/5/2014, in which, basic sale price of Rs.18051478.00 ((@ of Rs.9400.00 per sq.ft.) was mentioned. Clause-13.3 of the ABA provides, 42 months period from the date of approval of building plan, for offer of possession with grace period of 180 days. Clause-13.5 provides an extended period of 12 months, beyond which, the allottee shall be entitled to opt for termination of allotment. As per Annexure-IV, payment plan was "instalment payment plan" which was actually a "construction linked payment plan". Initially, the developer announced for "timely payment rebate" but withdrew it, vide letter dtd. 2/7/2015. The complainant diligently followed payment plan and deposited Rs.17221856.00 with the opposite party. As informed by the opposite party, building plan was approved in February, 2014, as such, 48 months period expired in February, 2018. The complainant visited the site and found that the construction was grossly incomplete and not likely to be completed in near future. Extended period also expired in February, 2019. The complainant was in urgent need of alternate house. Therefore, this complaint was filed on 29/7/2019, alleging deficiency in service.