HAKIM SINGH CHAUHAN Vs. JKG CONSTRUCTION PVT LTD

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 read with Sec. 12 of the Consumer Protection Act, 1986 (for short 'the Act') initially by the 12 Complainants against the Opposite Party, M/s. JKG Constructions Pvt. Ltd. (hereinafter to be referred to as 'the Developer') seeking possession of the booked Residential Units along with delayed compensation or in the alternative refund of amount paid by them along with interest as the Opposite Party Developer has failed to deliver the possession of the Residential Units to the Complainants within the stipulated period.

(2.) The brief facts of the case as narrated in the Complaint are that in response to the Applications invited by the Opposite Party Developer for allotment of Residential Units/Flats in their upcoming Project, namely, 'JKG Palm Court' located at Sector 16-C, Greater Noida, UP (hereinafter to be referred to as 'the Project'), the Complainants booked Residential Units in the Project and executed respective Flat Buyer's Agreement (hereinafter to be referred to as 'the Agreement') on various dates between 2012 to 2014. It is stated that the Complainants were assured by the Developer that possession of the booked Units would be handed over by December, 2015. It is further asserted that most of the Complainants after obtaining home loans from the various Financial Institutions at higher rate of interest, had paid more than 90% of the total sale consideration to the Opposite Party Developer as per their demands, however, the Opposite Party Developer has completely failed to complete the Project in time and hand over the possession of the allotted Residential Units to them as promised. On enquiry with regard to exact date of completion of the Project and handing over the possession of the Units to the Complainants, every time the Opposite Party Developer had given false assurance that the possession of the Units, complete in all respect, would be given to the Complainants very soon as the construction work at the site is in full swing. However on visiting the site, the Complainants were shocked and surprised to see that there was no construction activity going on and there was a scanty chance for completion of the Project even in the next ten years. It is further alleged by the Complainants that the Opposite Party Developer has made substantial changes in the Project Area, Common Facilities and Layouts without any intimation or their consent.

(3.) It is also averred in the Complaint that various Clauses of the Agreement are arbitrary, one-sided, unfair, unreasonable and totally in favour of the Developer. The Complainants were made to sign on the dotted lines of the Agreement and there is no parity of rights between that of the Opposite Party Developer and the Complainants. The Complainants are liable to pay interest @ 18% p. a. for default in making payment of any of the instalments however, in the event of delay on the part of the Opposite Party Developer in handing over the possession of Units, they are liable to pay paltry compensation at the rate of ?3/- per sq. ft. per month only for the delayed period. It is further stated that illegal demands with regard to IFMS, Lease Rental Charges, Fire Fighting Charges, External Electrification Charges etc. have been made by the Opposite Party Developer.