SATYAVRAT RAMESH PENDHARKAR Vs. IREO GRACE REALTECH PVT

JUDGEMENT

(1.) Heard Mr. Nitin Bharadwaj, Advocate, for the complainants, Mr. Sameer Chaudhary, Advocate, for the opposite party.

(2.) Satyavrat Ramesh Pendharkar and Mrs. Aishwarya Satyavrat Pendharkar (the complainants) have filed above complaint, for directing the opposite party to (i) refund Rs.18837591.00 deposited by them, with interest @20% per annum from the date of respective deposit till the date of refund, (ii) pay compensation of Rs.10.00 lacs, for mental agony and harassment, (iii) pay Rs.2.00 lacs, as cost of litigation; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that the opposite party was a 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 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 complainants booked a 3BHK+S flat on 28/2/2013 and deposited booking amount of Rs.18.5 lacs through cheque, which was encashed on 12/3/2013. The opposite party issued application form for allotment on 22/3/2013, which was filled up by the complainants and submitted on the same day. The opposite party raised demands of Rs.1871294.00, vide letter dtd. 14/4/2013, which was paid on 26/3/2013 and Rs.1871294.00, which was paid on 26/4/2013, by the complainants. The opposite party issued Allotment Offer Letter dtd. 7/8/2013, allotting Apartment No.CD-B-3/10/1003, super area 1920 sq.ft. and executed Apartment Buyer's Agreement (ABA) on 22/4/2014, in which, basic sale price of Rs.18048752.00 ((@ 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. Initially, the opposite party announced "timely payment rebate" but vide letter dtd. 2/7/2015, withdrew "timely payment rebate". The complainants opted for "instalment payment plan" which was actually a "construction linked payment plan". The complainants diligently followed payment plan and deposited instalments on time (except demand dtd. 1/8/2017, which delayed for 20 days). As per demand of the opposite party, the complainants deposited total Rs.18837591.00 till 11/9/2017, i.e. more than basic sale price. The opposite party, vide letter dtd. 4/8/2016, invited "no objection" for revision of layout plan, from the allottees. The complainants, through email dtd. 2/9/2016, raised their objection in revision of layout plan. As informed by the opposite party through email, building plan was approved in February, 2014, as such, 48 months period expired in February, 2018. The complainants 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 complainants through email dtd. 14/2/2019, terminated the agreement and asked for return of their money. However, the opposite party did not respond. Then this complaint was filed on 8/3/2019, alleging deficiency in service.