KAMLESH GUPTA Vs. SUNCITY PROJECTS PVT. LTD.

JUDGEMENT

(1.) This is a Complaint filed under Sec. 21 of the Consumer Protection Act, 1986 (in short, 'the Act') seeking physical and legal possession of the Apartment booked with the Opposite Parties in its Group Housing Residential Scheme under the name and style of 'Suncity Parikrama Panchkula', Sector-20, Panchkula, Haryana promoted and developed by them alleging deficiency in service and unfair trade practices.

(2.) In brief, the facts of the case are that the Complainant had booked a residential flat with the Opposite Party in 'Suncity Parikrama Panchkula', Haryana. Vide Apartment Buyers Agreement (in short, the 'Agreement') dtd. 22/11/2010 with Opposite Party, the Complainant was allotted Apartment No. 1001 with total area of 2150 sq.ft. at the rate of 2700/- sq.ft. on 10th Floor, Tower No.2A, Sector-20, Panchkula, Haryana on 6/9/2010 at Rs.63,84,592.00 (including car parking of Rs.3,00,000.00 and EDC/IDC of Rs.2,79,592.00) and paid an amount of Rs.14,51,250.00 vide Receipt No.1100001409.

(3.) Clause 25 of the Agreement dtd. 22/11/2010, provides three years period from the date of agreement or approval of all services plans, whichever is later, and subject to timely payment by the allottee, for delivery of possession. Further, in case of delay in completion of the construction of the said apartment beyond three years, the Opposite Party shall pay compensation @ Rs.10.00 per sq.ft. per month of the saleable area for such delay. The Complainant has paid an amount of Rs.56,68,359.00 to the Opposite Party till date. However, it is averred by the Complainant that no substantive work was visible at the project site and the Opposite Party, which was expected to hand over the possession within three years i.e. on or before 22/11/2013 reckoned from the date of allotment on 22/11/2010, has been deficient in service. Alleging deficiency in service in handing over possession despite the lapse of more than three years and as no compensation as per Agreement has been paid, the Complainant is before us with the following prayers: