ANIL KUMAR APPAN Vs. A. R. LANDCRAFT LLP

JUDGEMENT

(1.) Heard Mr. Uchit Bhandari, Advocate, for the complainants and Mr. Divij Kumar, Advocate, for the opposite party-1.

(2.) Anil Kumar Appan, Dilip Raj and Mrs. Lalita Rani have filed above complaint, for directing the opposite parties to (i) refund Rs.5953370.00 with interest @15% per annum from the date of respective deposit till the date of refund; (ii) pay Rs.500000.00, as costs of litigation; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that M/s. A.R. Landcraft LLP (opposite party-1) was a limited liability partnership firm and the promoter of the project. M/s. Godrej Properties Limited (opposite party-1) was a company, registered under the Companies Act, 1956 and the owner of the project land. The opposite parties were engaged in the business of development and construction of group housing project and launched a group housing project in the name of 'Godrej Golf Links Court' at Plot No.REP-1, Sector-27, Greater Noida in the year, 2016. The employee of the opposite parties approached complainant-2 on phone and informed about the project and called him at their temporary office at Sector-16, Noida, for examining detail features of the project. On discussion, they persuaded the complainants for booking a villa. Believing upon the representations of the opposite parties, the complainants booked a villa in October, 2016 and deposited booking amount of Rs.500000.00 through cheque dtd. 28/10/2016. Opposite party-1 allotted Villa No.22. Which was changed as Villa No.32, with mutual consent and for that purpose the opposite party obtained fresh booking application on 14/2/2017. Gross Amount Payable (GAP) for the villa was Rs.28086850.00 and 10% of the GAP was payable within 45 days of booking. The complainants paid Rs.2232052.00 on 5/4/2017, Rs.216547.00 on 5/4/2017, TDS of Rs.28087.00 on 5/5/2017, Rs.2704082.00 on 1/7/2017, Rs.244634.00 on 1/7/2017 and TDS of Rs.27970.00 on 4/8/2017 (total Rs.5953372.00). The opposite parties issued Allotment Letter dtd. 17/7/2017, in which GAP was mentioned as Rs.28086850.00 + taxes. The opposite parties issued another Allotment Letter dtd. 17/7/2017 (sent on 25/7/2017), in which Rs.4130330.00 has been increased for GAP. Clause-5 of the allotment letter mentioned that allotment is further subject to paying the requisite stamp duty and registration charges and registering the agreement for sale within 15 days, failing which allotment was liable to be cancelled. The complainants inquired about the agreement, stamp duty payable on it and registration charges and other expenses. Opposite party-1, through email dtd. 24/7/2017, informed that their office was processing all these things. Opposite party-1, through letter dtd. 4/1/2018, demanded other instalment of 20% of GAP. The complainants informed that they had to take home loan from Bank of India, for which, agreement for sale would be necessary. Opposite party-1, through email dtd. 5/1/2018, informed that they were processing the agreement for sale which would be received within short period and to ask the banker to remain in their touch. They again, through email dtd. 5/1/2018, demanded next instalment of 20% GAP i.e. Rs.6308656.45. The complainants wrote an email dtd. 5/1/2018, protesting the demand without execution of the agreement for sale. Opposite party-1, through emails dtd. 6/1/2018 and 8/1/2018, informed that they had started dispatching the agreement. The complainants, through email dtd. 8/1/2018, requested to refund their amount as Rs.4130330.00, as GAP was enhanced, vide letter (dispatched on 25/7/2017) and Opposite party-1 was insisting to deposit second instalment without execution of the agreement. Opposite party-1, vide email dtd. 8/1/2018, informed that BBA had been dispatched on 8/1/2018. Opposite party-1 sent two sets of GGL Agreement and Agreement For Sub-lease, received on 11/1/2018 but these deeds were unsigned and stamp papers attached with it, were blank. The complainants, vide email dtd. 12/1/2018, requested opposite party-1 to refund their amount. The opposite parties again insisted to deposit next instalment on telephone with warning to cancel the allotment and forfeit money of the complainants. The complainants, through emails dtd. 9/1/2018 and 15/1/2018, made various queries and requested for meeting, which were not replied. The opposite party through email dtd. 5/2/2018, again warned to forfeit the money, which was protested by the complainants, through emails dtd. 6/2/2018 and 28/2/2018. The opposite parties, in email dtd. 28/2/2018, informed that the government had not formulated any mechanism whereby the BBA can be executed and registered and due to said reason, the project cannot be put to risk. The complainants gave a notice dtd. 2/4/2018, for refund of their money. Then this complaint was filed on 26/4/2018.