ANUBHAV SINGHAL Vs. RAHEJA DEVELOPERS LTD

JUDGEMENT

(1.) This consumer complaint under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (in short, the 'Act') alleges unfair trade practice and deficiency in service in delay in handing over possession of a flat booked by the complainants in a project promoted and executed by the opposite party within the promised time and seeking refund of the amount deposited with compensation and other costs.

(2.) The complainants state that they booked a flat with the opposite party in their project 'Raheja Shilas' in Sector 109, Gurgaon, Haryana and were allotted Flat No. IF 14-02 admeasuring 2062.33 sq ft for a sale consideration of Rs.1,02,11,774.00. A Flat Buyer Agreement (FBA) was signed between the parties on 29/8/2011 and as per clause 4.2 possession was to be handed over within 30 months from the date of the FBA. Opposite party was liable to pay compensation @ Rs.7.00 per sq ft of the super area per month for the period of delay. The penalty for delay in payment by the complainant was 18% on monthly compounded basis as per clause 3.15 Between 25/3/2011 and 4/2/2014 the complainant paid Rs.89,07,825.00 in several instalments. Possession was not handed over after expiry of 30 months on 28/2/2014 which amounts to deficiency in service and unfair trade practice. Complainants state they are paying regular EMIs to opposite party no. 2 and despite lapse of over 6 years are without a house. Complainant relies upon this Commission's judgment in A Malathi vs Raheja Developers Ltd., in CC No. 2014 of 2019 dtd. 14/6/2022.

(3.) Complainant prays for directions to opposite party to (i) refund Rs.89,07,825.00 with 18% interest p.a. from the date of respective deposits till realization; (ii) pay Rs.10,00,000.00 as compensation for mental harassment and agony; (iii) pay Rs.2,00,000.00 as litigation expenses; and (iv) for any other orders deemed fit.