PRAMOD ARORA Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Arjun Garg, Advocate, for the complainant.

(2.) Pramod Arora has filed above complaint for setting aside letter dtd. 1/9/2016, issued by M/s. IREO Grace Realtech Private Limited (opposite party-1), cancelling the allotment of the complainant and forfeiture of entire amount of Rs.4093767.00 and directing opposite party-1 to refund his amount with interest @18% per annum from the date of respective deposit till the date of refund or in alternative to restore his allotment with direction to the opposite party not to change building plan and complete registration of buyers agreement and directing the opposite parties to pay Rs.20.00 lacs as compensation for harassment and cost of the litigation and any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant has stated that the opposite parties were companies, 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 parties launched a group housing project, in the name of "The Corridors' at villages Dhumaspur and Maidwas, Golf Course Extension Road, Sector-67-A, Gurgaon, in the year 2012 and made wide publicity of its facilities and amenities. The complainant and one Mr. Ashwani Handa booked a flat on 22/3/2013 and deposited booking amount. The developer issued Allotment Offer Letter on 7/8/2013, allotting Unit No. CD-C8-01-104, super area 1350.02 sq.ft., total cost of Rs.13315372.06 and executed Apartment Buyer's Agreement on 25/6/2014. Annexure-IV of the agreement provides payment plan as "construction link payment plan". Clause-13.3 of the agreement provides 42 months period from the date of approval of building plan, for offer of possession, with grace period of 180 days. Mr. Ashwani Handa surrendered his right in favour of the complainant, which was duly acknowledged by the opposite parties on 15/7/2014. The complainant diligently followed payment plan and demand letter and deposited total Rs.4093767.00. The building plan was approved on 23/7/2013. The period of 42 months had to complete on 22/1/2017. However, opposite party-2, vide letter dtd. 4/8/2016, sought consent of the complainant and other buyers to change layout plan. The complainant vide letter dtd. 5/8/2016, protested for change of layout plan and stated that in case of change of layout plan his money be returned with interest. M/s. IREO Grace Realtech Private Limited (opposite party-1), vide letter dtd. 1/9/2016, cancelled the allotment of the complainant and forfeited of entire amount of Rs.4093767.00. The complaint gave a notice dtd. 7/9/2016 to restore his allotment and not to change layout plan or refund his entire money with interest. Opposite party-1 gave a reply notice dtd. 7/11/2016, stating that as per payment plan, 4th instalment dtd. 3/3/2015, 5th instalment dtd. 3/2/2016, 6th instalment dtd. 23/3/2016, 7th instalment dtd. 26/4/2016, 8th instalment dtd. 2/6/2016 and 9th instalment dtd. 8/8/2016 were due and in spite of demand letters and reminders dtd. 13/4/2014, 29/3/2015, 34/4/2015, 29/2/2016, 28/3/2016, 19/4/2016, 11/5/2016, 24/5/2016, 17/6/2016, 29/6/2016 and 22/7/2016, the complainant did not deposit the instalments. Then Final Notice dtd. 28/7/2016 was issued but the complainant failed to clear his dues therefore his allotment was cancelled and money deposited by him was forfeited in terms of the agreement. The complainant then gave a legal notice dtd. 17/11/2016, for refund of his money with interest. The complainant also made complaint against the opposite parties to the Senior Town Planner and the Director, Town and Country Planning on 24/10/2016. The complainant filed this complaint on 3/1/2017, alleging unfair trade practice as change of layout plan after 3 years of allotment was arbitrary.