MANDEEP SINGH JOHAR Vs. IREO PVT. LTD

JUDGEMENT

(1.) Heard Mr. Rajat Wadhwa, Advocate, for the complainants and Mr. Sameer Chaudhary, Advocate, for the opposite party.

(2.) Mandeep Singh Johar and Shani Johar have filed above complaint for directing the opposite party to (i) withdraw illegal demands as contained in the offer of possession letter; (ii) refund Rs.350000.00, collected towards parking charges and Rs.393869.00, collected as Service tax with interest @18% per annum; (iii) pay Rs.123034.00 with interest @18% per annum as 'early payment discount'; (iv) handover possession of Apartment No.SY-C-09-07, complete in all respect as per specifications and execute its conveyance deed in favour of the complainants; (v) pay delay compensation as per clause-13.14 of the agreement from due date of possession till the date of handing over possession; (vi) pay Rs.20.00 lacs, as compensation for mental agony and harassment; (vii) pay Rs.55000.00 as litigation costs; and (viii) any other relief which is deemed fit and proper in the facts and circumstances 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 and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of 'Skyon' at village Ullawas, Golf Course Extension Road, Sector-60, Gurgaon, in the year 2011 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite party, Mrs. Neeti Rhode and Mr. Ranjan Rhode (predecessors-in-interest of the complainants) booked Apartment No.C-09-07 'super area' 1524 sq.ft. and deposited booking amount of Rs.1330946.00 on 8/11/2011. The opposite party, vide Allotment Letter dtd. 23/11/2011, allotted above apartment to them and executed Apartment Buyer's Agreement (ABA) dtd. 22/2/2012, in their favour, in which total consideration of Rs.14293308.00 was mentioned and payment plan was 'construction link payment plan'. Mrs. Neeti Rhode and Mr. Ranjan Rhode further deposited Rs.1364337.00 on 17/2/2012 and Rs.1530589.00 on 19/4/2012. They transferred above apartment to the complainants through agreement to sell dtd. 9/7/2012, with the permission of the opposite party. Thereafter the complainants deposited subsequent instalments on time as per demand of the opposite party and paid total Rs.12894108.00. Clause-13.3 of the ABA provides 42 months period from the date of approval of building plan for delivery of possession, with grace period of 180 days. The opposite party vide letter dtd. 6/9/2016, offered possession and demanded Rs.3315921.00 as balance amount, Rs.164280.00 as Service Tax, Rs.151590.00 as other taxes. The complainants stated that in the ABA total consideration of Rs.12975336.00 was mentioned and Rs.11677800.00 was paid, total EDC/IDC of Rs.379811.00 was mentioned and Rs.472440.00 was realized, Parking charge of Rs.350000.00 was mentioned and Rs.349999.00 was paid. Rs.500000.00 as Non Refundable Club deposit, Rs.6000.00 as Refundable security for pipe gas connection, Rs.19878.00 as Internal gas Pipe Laying and meter charges, Rs.6000.00 as Security deposit for electrical connection, Rs.28270.00 Internal Electrical charges and Rs.8000.00 as Administrative charges were not part of the agreement. Rs.152400.00 as Replacement Fund Maintenance Security was not payable to the opposite party as Skyon Condominium Owners Welfare Association has been formed. Rs.16459.00 as Infra Augmentation charges and Rs.66995.00 as Labour Cess was payable by the contractor and not by the buyers. Rs.558149.00 as Service tax and Rs.151590.00 as other indirect taxes were not payable under the law. Rs.67396.00 demanded as Interest on delayed payment is illegal. Stamp duty and registration charges were not payable at this stage. The complainants were entitled to Rs.29212.00 as early payment rebate and delay compensation from 24/11/2015 till 6/9/2016, which was not paid/adjusted. This complaint was filed on 18/1/2017.