AVALON ROJECTS Vs. NARENDRA KUMAR GOYAL

JUDGEMENT

(1.) This order shall dispose of First Appeals No.872 of 2021 and 873 of 2021 since they arise from the same impugned order which pertains to the same project and have the same conspectus of facts. For convenience, facts are being taken from First Appeal No.872 of 2021.

(2.) This Appeal has been filed by the Appellant/Opposite Party against the order dtd. 21/9/2021 of the State Consumer Disputes Redressal Commission, Rajasthan (for short "the State Commission") in Complaint No.151 of 2019 filed by the Respondent (hereinafter referred to as "the Complainant"), praying for allowing the Appeal and to set aside the impugned order and to pass any such further other, as may be deemed fit and proper.

(3.) Briefly, the facts are that the Complainant is an allottee in the Appellant's project "Avalon Royal Park", Bhiwadi, Rajasthan and was allotted plot No.101, Tower A-4, 1st Floor admeasuring 1250 sq. ft. of super area for a basic sale price of Rs.30,44,400.00 along with EDC/IDC, PLC, open car parking, IFMS, power backup, club membership etc. A booking amount of Rs.6,27,696.00 was paid and a Builder Buyer Agreement (BBA) was executed on 27/4/2013. As per Clause 4 A, possession was proposed to be delivered by the Appellant within 42 months subject to force majeure circumstances with a grace period of six months. The Complainant paid a sum of Rs.35,97,440.00 to the Appellant in installments. However, possession was not offered by 27/4/2017 as per the provisions in the BBA. A pre-possession intimation dtd. 13/5/2019 was issued by the Appellant to the Complainant and thereafter, on the basis of the Occupancy Certificate dtd. 20/3/2020, an offer of possession was made on 1/9/2020. However, the Complainant filed Complaint before the State Commission on 2/8/2019 seeking refund of the money deposited by him with compensation in view of the delay on the part of the Appellant in not making an offer of possession as promised.