SATISH KUMAR CHAWLA Vs. VATIKA LIMITED

JUDGEMENT

(1.) This is a complaint under Sec. 21 (a) (i) of the Consumer Protection Act, 1986 (in short, 'the Act ) seeking possession of the dwelling unit alongwith delayed compensation in respect of villa booked with the Opposite Party in its project "Bellevue Residences", being developed in Vatika India Next, Sector-82, 82A, 83, 84 and 85, Gurgaon by them.

(2.) In brief, the facts of the case are that the Complainants had booked a villa with the Opposite Party in its project "Bellevue Residences", being developed in Vatika India Next, Sector-82, 82A, 83, 84 and 85, Gurgaon, Haryana, vide application form dtd. 7/8/2008. After a period of two years , a Builder Buyer Agreement (BBA) was executed on 13/10/2010 and the Complainant was allotted Unit No. 38/240/Duplex/BR in respect of the above residential unit with a built-up area of 2659 sq.ft. for a total sale consideration of Rs.1,15,42,000.00 indicating that the said villa would be delivered within a period of 36 months from the date of the BBA. Under Clause 11.1 of the BBA, the promised period of handing over of possession was three years from the date of execution of the Agreement, subject to exception as given under Clauses 12/1/12.2, 12.3 and 38. The due date of possession of the Villa was 13/10/2013. The Complainants submitted that they had made a total payment of Rs.98,47,568.00 till date by way of instalments. The grievance of the Complainant is that even after lapse of about three years, possession of the Villa was not given.

(3.) Subsequently, the name of the project was changed as 'Signature 2 Villa' vide Addendum dtd. 8/2/2012 wherein the Complainants were re-allotted a new Signature Villa No.5/240/Duplex/ST8 2D1-3 admeasuring about 2659 sq.ft. in lieu of old Villa No. 38/240/Duplex/BR which was signed by the Complainants. It is mentioned that all other terms and conditions of the BBA dtd. 13/10/2010 and consequent documentation and understandings in this regard executed between the Parties herein shall remain and hold good and valid for the Villa allotted now. It is alleged that the Opposite Party illegally extracted money from the buyers and despite delay of more than three years, the construction of the Villa was not completed.