TERRA FLAT BUYERS ASSOCIATION Vs. BPTP LTD.

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 58 of the Consumer Protection Act, 2019 alleging unfair trade practice by the Opposite Parties and seeking refund with other ancillary reliefs.

(2.) The Complainant is an Association registered under the Haryana Registration and Regulation of Societies Act, 2012 and the Complaint is filed through its President, Mr. Sandeep Anand, on behalf of members of the Association, who are all Flat buyers in the Group Housing Project namely, 'TERRA' being developed by the Opposite Parties in Sector 37D, Gurgaon, Haryana. It is submitted that the Flats have been booked by the members for themselves and their families. An amount of Rs.15,30,92,049.00 has been paid by the concerned Members cumulatively to the Opposite Party No.1. The Opposite Parties together are developers of the Project and are all signatories to the Flat Buyer's Agreements.

(3.) It is the case of the Complainant that the Purchasers were induced into applying for allotment of the residential Flat based on representations and assurances made by and on behalf of the Opposite Parties. At that time, it was represented that the Project would in all probabilities be completed by end of June, 2015 and in any case the possession would be offered within 3.5 years from the date of booking/ allotment applications. Consequently, Flats were booked by submitting Allotment Applications along with booking amount varying from Rs.6,00,000.00 to Rs.8,00,000.00. It is also stated that there existed a fiduciary relationship between the Purchasers and the Opposite Parties. It is averred that the Flat Buyer's Agreement is in an entirely standard form, extremely prolix and unreadable, making it difficult for non-legal professionals to fully comprehend the same and it contained several unconscionable and one-sided terms and conditions and the Buyers signed on the same relying on Opposite Party No.1's direction, advice and promise of speedy delivery of possession. It is further averred that contrary to the representation that the possession would be delivered in 3.5 years from the date of booking, the Agreement stated in clause 5.1 r/w clause 1.6 that the possession will be given in 42 months from the date of sanction of the Building Plan or execution of the Flat Buyer's Agreement, whichever is later. Also, none of the consumers were informed about the grace period of 180 days. Hence, it is stated that there are stipulations in the Agreement and undertakings which were not informed to the Purchasers at the time of booking nor were explained to them even subsequently, thus constituting an unfair trade practice.