AMARJIT SINGH SIDHU Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) Heard Mr. Abhinav Ramakrishna, Advocate, for the complainants and Mr. Prabhakar Tiwari, Advocate, for the opposite party.

(2.) Amarjit Sidhu and Paramjit Sidhu (complainants-1 and 1-A) filed aforementioned complaint under Sec. -12(1) (c) of Consumer Protection Act, 1986, for directing the opposite party (hereinafter referred to as the builder) (i) to complete the construction work of the entire project 'Parsvnath City' including the flat of complainants-1 and 1-A and handover possession of the flats to each buyer, complete in all respect, with all amenities within stipulated time, (ii) to pay interest @18% per annum on the amount deposited by the buyers for the period of delay in handing over possession of the flats, (iii) to pay Rs.2.00 lacs as the costs of the litigation and (iv) any other relief, which is deemed fit and proper in the facts and circumstances of the case. This Commission, vide order dtd. 3/1/2018, granted permission under Sec. -12(1) (c) of the Consumer Protection Act, 1986 and granted leave to sue in representative capacity, in respect of such allottees of residential flats/houses in the project, who are interested in taking possession of their respective flats along with delayed compensation and have not approached this Commission.

(3.) The facts, as stated in the complaint and emerged from the documents, are that the builder was a company, engaged in the business of development and construction of residential and commercial buildings and selling its unit to the prospective buyers. In the year 2009, the builder launched a project of group housing in the name of "Parsvnath City" at village Dharuhera, district Rewari, Haryana. This township consist different categories of residential units i.e. (i) Parsvnath Elite Floors, (ii) Parsvnath Pleasant, (iii) Parsvnath Elite Villas and (iv) Plots. On coming to know about this project, complainants-1 and 1-A visited the office and site of the builder and discussed about the project. Complainants-1 and 1-A booked a 3BHK flat (super built area 1775 sq.ft, basic sale price Rs.1817500.00), in Parsvnath Elite Floors on 6/10/2009 and gave two cheques of Rs.61750.00 and Rs.190000.00 respectively and Flat No. A-230-G was allotted to them. Complainants-1 and 1-A opted for "Construction Linked Payment Plan". Flat Buyer Agreement was executed on 16/11/2009. As per demand notices, complainants-1 and 1-A deposited Rs.61750.00 on 6/10/2009, Rs.190000.00 on 6/10/2009, Rs.111750.00 on 16/11/2009, Rs.142470.00on 3/9/2010, Rs.100000.00 on 3/9/2010, Rs.25000.00 3/9/2010, Rs.187366.00 on 7/3/2015 and Rs.203560.00 on 5/2/2016 and Rs.203333.00 on 6/9/2017 (total Rs.1210234.00). After filing of the complaint, Complainants-1 and 1-A deposited some instalments and total Rs.1413000.00 was deposited. As per clause-9 (a) of the agreement, the construction has to be completed in 24 months from the commencement of the construction, with grace period of 6 months. The construction commenced on 3/2/2010 and due date of possession was 3/8/2012. Complainants-1 and 1-A paid about 77% of total sale price. Complainants-1 and 1-A visited the site time to time and found that the construction was not near to completion. Then they filed this complaint on 27/3/2017, complaining deficiency in service.