SHAILENDRA JAIN Vs. IREO GRACE REALTECH PRIVATE. LIMITED

JUDGEMENT

(1.) The complainant is before us under sec. 21 read with sec. 2 (g) and 2 (r) of the Consumer Protection Act, 1986 (in short, 'the Act') stating that he had booked a flat in the project viz., 'The Corridors' being developed by the opposite party at Sector 67 ' A, Gurgaon. An Apartment Buyer's Agreement (in short, 'the ABA') was signed by the parties. The opposite party was under obligation to hand over the possession of the apartment within 42 months with 6 months of grace period as per the ABA which he failed to do. The complainant's request is for refund of the amount deposited along with interest and compensation towards mental agony with litigation costs.

(2.) In brief, the admitted facts are that the complainant had booked a flat on 12/8/2013 in the above-mentioned project of the opposite party for a total sale consideration of Rs.1,55,76,618.00. Flat no. CD-B3-12-1203 admeasuring 1920.08 sq ft was allotted in Tower B-3 of Phase I. As per the ABA signed on 14/4/2014 possession was to be handed over by 14/4/2018. Despite payment of Rs.1,44,64,020.00 as on the date of the complaint, possession has not been offered. The complainant has prayed for full refund of the amount deposited with interest @ 18%, compensation for mental agony and litigation costs.

(3.) The opposite party has contested the claim through several contentions and advanced various reasons for the delay and requested that the complaint be dismissed.