PURNIMA MEHRA Vs. M/S. JAYPEE GREENS

JUDGEMENT

(1.) Heard Mr. Rohit Oberoi, Advocate, for the complainants and Mr. Paras Choudhary, Advocate, for the opposite party.

(2.) Mrs. Purnima Mehra and Mr. Vijay Shankar Mehrotra have filed above complaint for directing the opposite party to pay (i) Rs.11181576.14 with interest @12% per annum, from 31/7/2007 till 31/12/2007, amounting to Rs.9879868.00 with pendent-lite and future interest at the same rate; (ii) Rs.6708945.70, as loss of appreciation @10% p.a. since October, 2010 till December, 2016; (iii) Rs.1000000.00 as compensation for mental agony and harassment; (iv) Rs.200000.00 as costs of litigation; (v) cost of the present complaint and (vi) any other relief which is deemed fit and proper in the facts 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 project. The opposite party launched a group housing project in the name of "Star Court" at Jaypee Greens, Greater Noida in the year 2007 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite party, the complainants booked a flat on 30/7/2007 and deposited Rs.940000.00 vide cheque no.779218. The opposite party allotted Unit Reference No.STR-803, 8th Floor, Building No.T-2, super area of 1856 sq. ft. approx., for a consideration of Rs.9400000.00 vide Provisional Allotment Letter dtd. 18/12/2007. As per demand, the complainants paid Rs.940000.00 on 30/7/2007, through cheque no. 779218; Rs.940000.00on 28/10/2007, through cheque no.783232; Rs.1502800.00 on 29/4/2008, through cheque no.648583; Rs.240000.00 on 27/2/2009, through cheque no. 928311; Rs.5975000.00 on 2/3/2009, through cheque no.033029 and Rs.1583776.14 on 5/8/2014, through cheque no.186161 (total Rs.11181576.14). For payment of instalment, the complainant took loan from Axis Bank, which has been repaid and the bank has issued "no objection certificate" to the complainants on 21/3/2014. On 2/5/2014, the opposite party issued a letter of offer of possession of apartment and demanded a sum of Rs.1619175.44, which included Rs.35399.30 as interest as on 2/5/2014 and the charges of increased super area from 1856 sq.ft. to 2153.74 sq.ft. The complainants deposited Rs.1583776.14 on 5/8/2014 through cheque No.186161. On 12/8/2014, the complainants raised protest for charging interest of Rs.35399.30 towards late payment of four days for a sum of Rs.5975000.00 demanded on 26/2/2009 and due date was 27/2/2009 and paid on 2/3/2009 and increase of 10% of sale consideration. Even after payment, possession was not delivered to the complainants. The complainants gave a letter dtd. 14/11/2014 to the opposite party to refund their amount with interest as possession was unreasonably delayed and also gave an email on 17/11/2014 in this respect. The opposite party vide email dtd. 23/1/2015, informed that the request for refund would be put up before the management. The opposite party vide email dtd. 10/2/2015 asked the complainants to surrender all the documents relating to the flat. When the complainants visited the office of the opposite party in March, 2015 for surrender of the documents relating to the flat, then the opposite party informed that at present request for refund was not being accepted. When neither possession was given nor refund for a long time, then the complainants gave an email dtd. 23/10/2016, for refund of their amount with interest. The opposite party, vide email dtd. 5/10/2016, informed that in case of cancellation of the agreement, 10% amount would be deducted, which was protested by the complainants, vide email dtd. 11/11/2016. On 7/1/2017, the complainants gave a legal notice to the opposite party calling upon them to refund their entire amount with interest @12% per annum. In spite of service of the notice, the opposite party did not respond, then this complaint was on 12/4/2017.