SHEEL DEV YADAV Vs. BPTP LTD.

JUDGEMENT

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

(2.) Sheel Dev Yadav has filed above complaint, for directing the opposite parties to (i) refund Rs.6252803.00 with interest @18% per annum, from the date of respective deposit till the date of refund; (ii) pay Rs.1000000.00, as compensation for mental agony and harassment; (iii) pay Rs.150000.00, as litigation costs; and (v) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant 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, 2011 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite parties, the complainant and Ms. Raj Bala booked a flat and deposited the booking amount of Rs.700000.00 on 1/3/2011. The opposite parties issued Allotment Letter dtd. 11/7/2011 allotting, Unit No.C-69-SF, super area 1390 sq.ft., total cost of Rs.7705002.60 and executed Floor Buyer's Agreement on 27/4/2012, in their favour. Later on Ms. Raj Bala surrendered her right in favour of the complainant, which was acknowledged by the opposite party through letter dtd. 3/8/2018. Annexure to the allotment letter contained payment plan as 'construction link payment plan'. The complainant deposited total Rs.6188133.00 by 17/12/2013 on which the opposite parties gave early payment discount of Rs.183253.00. The opposite parties offered possession, vide letter dtd. 8/11/2017 and raised demand of Rs.2198356.96 to be deposited till 8/12/2017 and in case payment is made on time then timely payment discount of Rs.48657.01 would be given. In the final demand super area has been increased from 1390 sq.ft to 1428 sq.ft. As the opposite parties unilaterally changed super area/layout plan, the complainant tried to meet the opposite parties for clarification but to no avail. The opposite parties issued payment reminder dtd. 12/4/2018, for Rs.2782415.00 and another demand letter dtd. 18/6/2018 for Rs.64670.00 towards VAT. The complainant sent emails dtd. 1/4/2018, 21/4/2018, 16/8/2018, 20/8/2018 and 21/8/2018, in respect of irregular charges and non-completion of other amenities but the opposite parties did not respond. Then this complaint was filed on 5/10/2018, alleging deficiency in service.