YASHODA BHATT Vs. VIHAAN DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainant and Ms. Sonia, Advocate, Proxy counsel for opposite party-2.

(2.) Ms. Yashoda Bhatt has filed above complaint for directing the opposite parties to (i) refund entire amount deposited by her with interest @18% per annum, from the date of respective deposit till the date of refund; (ii) pay Rs. 200000.00, as compensation for mental agony and harassment; (iii) pay Rs. 100000.00 as litigation costs; and (iv) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant stated that M/s. Vihaan Developers Private Limited (OP-1) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. Armed Forces Welfare Organisation (OP-2) was a society, registered under Societies Registration Act, 1860 and used to help the members of Armed Forces in purchasing flat/plot throughout the country. OP-1 launched a group housing project in the name of 'Vihaan Greens', at leasehold Plot No. GH-15C, Sector-1, Greater Noida (West), Gautam Budh Nagar, U.P. in the year, 2014 and made wide publicity of its amenities and facilities. OP-2 negotiated with OP-1 for construction of Tower-B as 'Raksha Tower' for its members. The complainant, who was in need of residential flat for herself, consulted with OP-2, who advised to buy a flat in above project 'Vihaan Greens' and enrolled the complainant as its member. Believing upon the representations of the OPs, the complainant booked a flat and deposited Rs. 100000.00 on 9/12/2014 with OP-1. OP-1, vide Allotment Letter dtd. 28/12/2014, allotted Flat No.B-1106, super area 1865 sq.ft. in the project 'Vihaan Greens'. The complainant opted for 'construction link payment plan'. The OPs executed Tri-Party Agreement dtd. 14/1/2015 of Flat No.B-1106. Clause-9(a) of the Allotment Letter and Clause-6 of Tri-Party Agreement provide 36 months period from the date of commencement of excavation of Tower-B, for handing over possession. The complainant deposited the instalments as per demand of OP-1 and paid total Rs. 5369653.00 till 5/6/2017 (out of total cost of Rs. 5508100.00). OP-1 realized instalment of 'commencement of excavation of Tower-B', on 3/4/2015 and last but one instalment on 5/6/2017, as such, due date of possession was 2/4/2018. However, construction was unreasonably delayed. The complainant was living in a rented accommodation as such she was in need of her own flat. As and when the complainant inquired about the possession then some date used to be given but even after expiry of two years, possession has not been handed over. Then, this complaint was filed on 18/7/2020 alleging deficiency in service on the part of the OPs.