ANUPMA RASTOGI Vs. BPTP LIMITED

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainants and Mr. Pragyan Pradip Sharma, Advocate, for the opposite parties.

(2.) Anupma Rastogi and Yatinder Pratap Singh have filed above complaint, for directing the opposite parties to (i) handover possession of the Unit allotted to them, complete in all respect with promised amenities and facilities and execute conveyance deed, within six months from filing of the complaint; (ii) in case, the opposite parties failed to deliver possession within six months, pay Rs.6000.00 per day as compensation; (iii) pay delay compensation, in the form of interest @18% per annum on their deposit from the promised date of possession till handing over possession of the unit and common amenities and facilities; (iv) provide adequate car parking space to them and refund the amount collected in the head of car parking with interest @18% per annum; (v) provide an independent architect report in respect of 'carpet area' and 'super area'; or in alternative (vi) refund Rs.11774458.00 with interest @18% per annum, from the date of respective deposit till the date of refund; (vii) pay Rs.1000000.00, as compensation for mental agony and harassment; (viii) pay Rs.100000.00, as litigation costs; and (ix) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that M/s. BPTP Limited and Countywide Promoters Private Limited (the opposite parties) were companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite parties launched a group housing project, in the name of "Astaire Gardens" at village Palra, Sector-70-A, Gurgaon, in the year, 2012 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite parties, the complainants booked a flat and deposited booking amount of Rs.721630.00 on 17/5/2012. The opposite parties issued Allotment Letter dtd. 25/5/2012 allotting Unit No.C-71-GF, built-up area 2512 sq.ft., total cost of Rs.12619588.00 and executed Floor Buyer's Agreement on 28/11/2012, in favour of the complainants. Annexure to the allotment letter contained payment plan as "construction link payment plan". Clause-24 of the allotment letter provides 30 months period from the date of execution of the agreement with grace period of 180 days for delivery of possession. In order to make timely payment of the instalments, the complainants took a loan of Rs.7500000.00 from Indiabulls on 21/11/2012, which was transferred to ICICI Bank on 22/12/2014. As per demand, the complainants deposited Rs.1641824.00 on 1/8/2012, Rs.1345644.00 on 25/10/2012, Rs.1406745.26 on 1/11/2012, Rs.2602543.00 on 3/12/2012, Rs.15946.34 on 14/12/2012, Rs.886776.00 on 26/12/2012, Rs.235725.00 on 26/12/2012, Rs.220575.00 on 7/1/2013, Rs.835309.00 on 11/1/2013, Rs.180450.00 on 21/1/2013, Rs.683120.00 on 29/1/2013, Rs.185000.00 on 9/12/2013, Rs.692053.00 on 20/12/2013, Rs.108185.00 on 3/4/2017, Rs.106745.00 on 13/4/2017, Rs.539270.00 on 1/7/2017, Rs.500000.00 1/7/2017. On above deposits, the opposite parties gave Rs.319304.88 as timely payment rebate. The opposite parties offered possession, vide letter dtd. 8/11/2017 and raised demand of Rs.3148157.61 + security of Rs.53369.96 for VAT, to be deposited till 8/12/2017. The opposite parties gave an email dtd. 9/11/2017 that in case payment is made on time then timely payment discount of Rs.105889.71 would be given. The complainants visited the site and found various deficiencies in construction, which was communicated through email dtd. 12/11/2017. The opposite parties issued payment reminder dtd. 22/11/2017. Then this complaint was filed on 7/12/2017, alleging deficiency in service.