ANKUR SHARMA Vs. ADANI M2K PROJECTS LLP

JUDGEMENT

(1.) This complaint is filed under sec. 21 (a) (i) of the Consumer Protection Act, 1986 by the complainants in respect of a flat booked by them in a project promoted and executed by the opposite party on the grounds that there has been inordinate delay in completion of the same and seeking refund of the money along with damages.

(2.) The brie facts of the case are that the complainants booked a flat on 21/10/2012 in the project 'Oyster Grande" being developed by the opposite party in Sector 102/ 102 A, Gurgaon, Haryana and were allotted flat no. F 1904, measuring 1409 sq ft (super area 1889 sq ft) vide allotment letter dtd. 9/1/2013. An Apartment Buyer's Agreement was executed on 11/6/2013 between the complainants and the OP. A sum of Rs.1,28,77,558.00 was paid by the complainants as on 13/3/2016 through instalments on various dates towards this flat. According to the complainants possession of the said flat had been promised within three years by the OP. However, since the same was not done, he has filed the present complaint on 1/2/2018.

(3.) It is submitted by the complainants that they have been paying the amounts demanded from them to the OP on time. It is alleged that the OP had initially promised construction schedule of three years and subsequently it was extended to four years and the revised the date of handing over possession has not been adhered to by the opposite party which constitutes deficiency of service apart from an unfair trade practice on the part of the OP. The complainants are therefore before us with the following prayer: