TEJINDER SINGH Vs. SHIPRA ESTATE LTD.

JUDGEMENT

(1.) Heard Mr. Kishan Rawat, Advocate, for the complainant, Mr. Chaitanya, Advocate, for opposite party-1 and Mr. Shantanu Krishna, Advocate, for opposite party-2.

(2.) Tejinder Singh has filed CC/600/2016 for directing the opposite parties to (i) handover possession of the flat allotted to him, complete in all respect within reasonable period and execute Flat Buyer's Agreement and Maintenance Agreement, in his favour; (ii) pay delay compensation in the form of interest @21% per annum on his deposit from March, 2009 till actual handing over possession; (iii) restrain the opposite parties from charging interest on the balance amount for delayed or deferred period; (iv) restrain the opposite parties from realizing any amount for power backup, club membership, sinking fund and other charges, mentioned in the statement of account dtd. 11/1/2016 till handing over possession, completion of the entire project and all common facilities (v) pay Rs.20.00 lakhs, as compensation for mental agony and harassment; (iii) pay the costs of litigation; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. Shipra Estate Limited and Jai Kishan Estate Developers Pvt. Ltd. (opposite party-1) 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. Ghaziabad Development Authority is a statutory authority, constituted under U.P. Urban Planning and Development Act, 1973. The opposite parties launched a group housing project, in the name of 'Shipra Krishna' at Ahinsa Khand, Indirapuram, Ghaziabad in the year 2006 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite parties, the complainant booked a flat on 26/9/2006 and deposited booking amount of Rs.500000.00. The opposite party-1 allotted Flat No.Amaltas-1301, for a consideration of Rs.11465640.00, vide Allotment Letter dtd. 9/4/2007. Balance amount was payable in 7 instalments from 8/5/2007 till 31/10/2008. Opposite party-1 revised the price to Rs.10976100.00, accordingly the amount of instalments were also revised and informed the complainant vide letter dtd. 11/5/2007. Clause-9 of the allotment letter provides that construction of the building is likely to be completed within 22 months from the date of commencement of construction. As per demand, the complainant deposited Rs.595300.00 on 5/6/2007, Rs.1100000.00 on 30/6/2007, Rs.1463500.00 on 28/7/2007, Rs.1463500.00 on 31/10/2007 and Rs.1463500.00 on 1/2/2008. However, the construction work ran with slow pace during this period. The President, Srishti Welfare Society held a meeting with Mr. Mohit Singh, Managing Director, of Shipra Estate Limited, who assured to arrange new construction equipment and work force and complete the buildings Gulmohar, Deodar and Amaltas till February, 2009. He also assured that no interest would be charged from the buyers, for delay in payment of instalments. The President informed the buyers through letter dtd. 28/2/2008 about the above decisions. Opposite party-1 however, further delayed the construction hence vide letter dtd. 26/8/2009, addressed to Srishti Welfare Society, offered delay compensation from January, 2009 till July, 2009 @Rs.5.00 per sq.ft. per month and from August, 2009 @Rs.7.00 per sq.ft. per month. Opposite party-1, vide letter dtd. 23/10/2009 written to the complainant, offered delay compensation from January, 2009 till July, 2009 @Rs.5.00 per sq.ft. per month and from August, 2009 @Rs.5.00 per sq.ft. per month. Opposite party-1, vide letter dtd. 12/6/2013, informed the buyers in building nos. 1 and 2 that the construction of these two buildings was completed, 'partial completion certificate' was awaited and delivery of possession was expected till September, 2013. After September, 2013, they would pay delay compensation in the form of interest @14% per annum on the deposit of the buyers. Opposite party-1, through email dtd. 24/4/2015, offered possession to the buyers in building nos. 1 and 2, including the complainant along with final statement of account. In final statement of account, opposite party-1 demanded interest for delayed payment, maintenance charges and other charges and adjusted delayed compensation till October, 2014. The complainant, vide email dtd. 2/5/2015 asked to provide 'completion certificate' of the project and raised objection for charging interest and not giving delay compensation till offer of possession. Opposite party-1, vide email dtd. 8/1/2016, issued reminder for deposit of the demanded amount and taking possession. Then this complaint was filed on 5/4/2016, alleging deficiency in service.