SHER SINGH SIDHU Vs. PARSVANATH DEVELOPERS LTD

JUDGEMENT

(1.) Heard Mr. Bharat Beriwal, Advocate, for the complainant, Mr. Prabhakar Tiwari, Advocate, for opposite parties-1 and 2 and Ms. Rachana Joshi Issar, Advocate, for opposite party-3.

(2.) Sher Singh Sidhu has filed above CC/20/2011 for directing opposite parties-1 and 2 (i) to refund the amount of Rs.10256250.00 , along with interest @24% per annum, (ii) to pay compensation @ Rs.107.60 per sq. meter per month, (iii) to pay Rs.2.00 crore as the compensation for increase of construction cost as well as loss of value of money with passage of time and (iv) any other relief, which is deemed fit and proper in the fact and circumstances of case.

(3.) Parsvnath Developers Limited (opposite parties-1 and 2) (hereinafter referred to as the builder) entered into an Agreement with Chandigarh Housing Board (opposite party-3) on 06.10.2006, for development of residential, commercial and other related infrastructure facilities as an integrated project over 123.79 acre land located in Rajeev Gandhi Chandigarh Technology Park, Chandigarh. Pursuant to which, the builder launched a group housing project in the name of "Parsvnath Pride Asia", in the year 2007 and invited allotment applications for various categories of flats from general public, opening from 02.09.2007 and closing on 21.09.2007. Sher Singh Sidhu applied for Category-A Flat (tentative super area 5500 sq.ft., basic sale price of Rs.38225000.00 ) with penthouse on 18.09.2007 and deposited Rs.1910000.00 . Sher Singh Sidhu opted for "Construction Linked Payment Plan". As per clause-9 of the Application Form, possession of the flat, complete in all respect had to be handed over within 36 months. The builder, vide letter dated 28/09/2007, acknowledged the aforesaid deposit and demanded second instalment of Rs.1912500.00 , which was deposited on 15.10.2007. Sher Singh Sidhu deposited Rs.6333750.00 on 26.06.2008, as per demand. Flat Buyer Agreement, which was a tripartite agreement was executed between the parties on 02.07.2008. Thereafter, no demand was made. Sher Singh Sidhu, vide letter dated 04.05.2009, inquired about the progress of the project. Then a reply dated 12.05.2009 was given that 36 months period would commence only when the project land is handed over to the builder. Sher Singh Sidhu was not satisfied with the reply and again wrote another letter dated 18.05.2009, making queries but no reply was given. When 36 months period for delivery of possession was completed then Sher Singh Sidhu wrote letters dated 03/11/2010, 10/11/2010 and 13/01/2011 demanding for refund of his money along with interest but no reply was given. Then this complaint was filed on 18/02/2011, alleging deficiency in service.