AMBRISH KUMAR SHUKLA Vs. FERROUS INFRASTRUCTURE PVT LTD

JUDGEMENT

(1.) Heard Mr. Uttam Datt, Advocate, for the complainants and Ms. Namitha Mathews, Advocate, for the opposite party.

(2.) Initially 26 home buyers filed above complaint as a class-action complaint along with IA/1030/2016, under Sec. 12(1)(c) of Consumer Protection Act, 1986, for grant of leave to institute representative complaint, which was allowed on 2/11/2016. After allowing of IA/1030/2016, several implealment and withdrawal applications have been filed and allowed time to time. At present there are 50 home buyers, as the complainants. Out of which, 7 are allottees in Tower-1, 22 are allottees in Tower-2, 17 are allottees in Tower-3, one is allottee in Tower-4, two are allottees in Tower-5 and one is allottee in Tower-6 of the project, which are low rise towers of the project 'Beverly Homes' situated at Sector-89, Phase-2, Faridabad, Haryana.

(3.) Above complaint has filed for directing the opposite party to (i) complete the construction of the project 'Beverly Homes' including common facilities and amenities as per specification and sanctioned plan and handover possession of the flats to the complainants; (ii) pay delay compensation in the form of interest @18% per annum on their deposit, from due date of possession till the delivery of possession; (iii) refund the amount charged as interest for delay in payment of instalments, with interest @24% per annum, compounded quarterly; (iv) charge EDC/IDC including enhanced EDC/IDC, on pro-rata basis of actual amount paid and refund excess amount collected in this head, with interest @24% per annum compounded quarterly; (v) refund the amount collected in the head of Club Membership, with interest @24% per annum compounded quarterly; (vi) bear increased service tax; (vii) pay Rs.5.00 lacs, as compensation to the complainants for design flaw of the complex due to its lower level than the road level of HUDA; (viii) carry out measurement of super area and carpet area by an independent Architect and if carpet area is found less than 95% of super area then pay Rs.5.00 lacs, as compensation to the complainants; (ix) pay Rs.5.00 lacs, as compensation to the complainants for sub-standard construction: (x) pay Rs.5.00 lacs, as compensation to the complainants for construction of high rise towers blocks; (xi) pay Rs.2.00 lacs, as compensation to the complainants for mental agony and harassment; (xii) pay 5% of basic sale price with interest @24% per annum compounded quarterly as 'Timely Payment Rebate'; (xiii) pay litigation costs; and (xiv) any other relief which is deemed fit and proper in the facts and circumstance of the case.