TEJINDER SINGH ATWAL Vs. VARALI PROPERTIES LIMITED

JUDGEMENT

(1.) Heard Ms. Sweta Rani, Advocate, for the complainants, Mr. Pravin Bahadur, Advocate, for the opposite parties.

(2.) Tejinder Singh Atwal and Tejinder Kaur Atwal have filed above complaint for directing opposite parties (i) to offer possession of the flat allotted to them complete in all respect including occupation and completion certificate; (ii) to pay interest @18% p.a. compounded quarterly on the deposit of the complainants from due date of possession till the date of offer of possession; (iii) to pay Rs.2000000.00 as compensation for mental agony and harassment; (iv) to refund Rs.186835.00 along with interest @18% p.a. from 29/2/2016 till its realization (excess amount realised in head of VAT); (v) to pay Rs.200000.00 as cost of litigation; and (vii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that Varali Properties Limited (opposite party-1) and Athena Infrastructure Ltd. were companies registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. Athena Infrastructure Ltd. was owner of land at village Pawala Khusrupur, Sector-110, District Gurgaon and obtained licence for its development as township. By way of collaboration agreement between them, earlier Athena Infrastructure Ltd. had taken the work of development of the project in the name of 'Indiabulls Enigma'. Opposite party-1 and Athena Infrastructure Ltd launched a project 'Indiabulls Enigma' in the year 2012 and made wide publicity of its amenities and facilities. One Vipul Bansal (predecessor in interest of the complainants) booked a flat and deposited the booking amount of Rs.500000.00 on 22/2/2012. Thereafter, he again deposited the booking amount of Rs.644570.00 on 18/4/2012 and Rs.173715.00 on 13/6/2012. Athena Infrastructure Ltd. allotted him Unit No.D142, super area 3400 sq.ft., BSP Rs.16880000.00 and executed Flat Buyer's Agreement in favour of Vipul Bansal on 5/7/2012. The complainants purchased Unit No.142 from Vipul Bansal on 14/6/2012 and from14/6/2012 the complainants were depositing the instalments of the consideration. From 2013, Varali Properties Limited (opposite party-1) undertook development, construction and sale of the unit of the said project, who executed a fresh Flat Buyer Agreement in favour of the complainants on 7/8/2013. Annexue-1 of this agreement, contained payment plan as 'construction linked payment plan'. Clause 21 of the agreement provides two years period for completion of the construction from the date of execution of Flat Buyers Agreement with grace period of six months. As per demand of the opposite parties the complainants as well as Vipul Bansal made the following payments:- <FRM>JUDGEMENT_79_LAWS(NCD)1_2023_1.html</FRM>