AMIT GOEL Vs. ANSAL HOUSING & CONSTRUCTION LIMITED

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainant and Mr. Vidit Agarwal, Advocate, for the opposite party.

(2.) Amit Goel has filed above complaint for directing Ansal Housing and Construction Limited, (the opposite party) to (i) refund entire amount deposited by the complainant with interest @24% per annum from the date of respective deposits till the date of refund; (ii) pay penalty @Rs.5.00 per square foot, per month on super area from 19/3/2017 till the date of refund; (iii) pay interest @10.5% per annum, as paid by the complainant to HDFC Bank on the loan of Rs.7000000.00; (iv) pay Rs.1000000.00, as compensation for mental agony and harassment; (v) pay litigation costs; and (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. Ansal Housing and Construction Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a group housing project, in the name of "Ansals Highland Park", at Sector-103, Gurgaon, Haryana, in the year 2012 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite party, the complainant booked a flat on 17/1/2013 and deposited the booking amount of Rs.700000.00. The opposite party allotted Unit No.1503, saleable area 1940 sq.ft. basic sale price of Rs.9618000.00 and executed a Flat Buyer's Agreement in his favour on 19/3/2013. Annexure-A of the agreement provides payment plan as "construction link payment plan". As per demand of opposite party, the complainant deposited total Rs.8417330.62 till 21/3/2017. Clause 31 of the agreement provides 48 months period from the date of execution of agreement, for offer of possession with grace period of six months. The agreement was executed on 19/3/2013 and 48 months period expired on 18/3/2017 and six months grace period expired on 18/9/2017. The opposite party has neither completed the construction nor offered possession of the flat allotted to him although about 90% of basic sale price has been paid. Clause-37 of the agreement provides for penalty @Rs.5.00 per sq.ft., per month on super area, for the delayed period, but penalty has also not been paid. The complaint took loan of Rs.70.00 lacs from HDFC Bank on the interest @10.5% per annum and paying huge amount toward instalment and interest. As the construction was not proceeding, the complainant gave a legal notice dtd. 14/12/2017, for refund of his money along with interest but the opposite party did not give any heed to the request of the complainant. Then this complaint was filed on 22/3/2018, alleging deficiency in service.