LAWS(NCD)-2022-12-33

MANISH CHOPRA Vs. TATA HOUSING DEVELOPMENT CO. LTD

Decided On December 27, 2022
Manish Chopra Appellant
V/S
Tata Housing Development Co. Ltd Respondents

JUDGEMENT

(1.) Heard Ms. Kanika Agnihotri, Advocate, for the complainants and Mr. Saifur Rahman Faridi, Advocate, for the opposite party.

(2.) Manish Chopra and Sh. B. K. Chopra have filed above complaint, for directing the opposite party to (i) refund Rs.25063436.00 with interest @18% per annum, from the date of respective deposit till the date of payment, (ii) pay the amount of rent as paid by the complainants from due date of possession till the date of refund, (iii) pay Rs.1000000.00 as compensation for mental agony and harassment, (iv) pay Rs.500000.00, as litigation cost; and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that Tata Housing Development Company Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of "Tata Primanti" at village Fazilpur Jharsa, Sector-72, Gurgaon in the year 2011 and made wide publicity of its facilities and amenities. Believing upon the representations and promises of the opposite party, Manish Chopra, who were in need of a residence, booked a Villa on 21/1/2012 and deposited booking amount of Rs.5000000.00. The opposite party allotted Villa no.-VA-29, admeasuring 7000 sq.ft. total sale price Rs.81025000.00 to Manish Chopra on 7/2/2012 and executed Apartment Buyer's Agreement in his favour on 24/8/2012. Under Payment Plan, 25% of sale price was payable within 45 days of allotment, 75% of sale price was payable on completion of brick works and other charges were payable at the time of offer of possession. Clause-4.2 of the agreement provides due date of possession as on or before 21/3/2014. Manish Chopra deposited total Rs.22305050.00 till 14/4/2014. The opposite party, vide letter dtd. 4/5/2015, informed that the construction was delayed and likely to be completed till August, 2015. The opposite party, vide letter dtd. 17/11/2015, informed that due to various force majeure reasons the construction could not be completed. Manish Chopra, vide letter dtd. 19/8/2016, requested to refund his money along with interest, as possession had been unreasonably delayed. In spite of service of letter, the opposite party did not respond. Then Manish Chopra talked with the officers of the opposite party, who threatened that in case of refund, huge amount would be deducted and only minuscule part would be refunded. They advised to switch the booking of villa to an apartment, which was likely to be completed soon. As per direction, complanant-1 signed transfer application on 7/11/2016. The opposite party issued Allotment Letter dtd. 9/12/2016, allotting Apartment No.3901, Tower-2, super area 2905 sq.ft. in the project "Primanti" and executed a fresh Apartment Buyer's Agreement dtd. 26/4/2017, in which sale consideration of Rs.24474625.00 was mentioned. Clause-5.2 of this agreement provides due date of possession as on or before 30/6/2017. The opposite party issued a letter of offer of possession dtd. 28/6/2017 of Apartment No.3901, informing that "Occupation Certificate" has been obtained on 23/6/2017 and Final Demand Letter for Rs.2786423.00, giving due date for payment up to 31/8/2017. Manish Chopra requested for inspection of the apartment in presence of an officer of the opposite party. After a series of emails for inspection, the opposite party fixed 6/9/2017, for inspection, which was changed as 8/9/2017. Manish Chopra and his father-in-law Mr. Caprihan inspected the apartment on 8/9/2017 and found several deficiencies in construction of the apartment, which were pointed out to the officer of the opposite party in writing and request was made to remove deficiencies as early as possible. Mr. Caprihan also gave an email on 10/9/2017 to the opposite party for removing deficiency. The opposite party in its email dtd. 16/9/2017, acknowledged the deficiencies and assured that it would be removed. Manish Chopra was in financial difficulty, as such, he borrowed money from his father Sh. B.K.Chopra for payment of last instalment and in lieu of the money advanced by Sh. B.K.Chopra, Manish Chopra executed a transfer deed dtd. 14/11/2017 transferring the flat in dispute in favour of the father Sh. B.K.Chopra and mother Smt. Nirmal Chopra.