JAIDEEP SINGH AUJLA Vs. COUNTRY COLONIZERS PVT. LTD.

JUDGEMENT

(1.) This consumer complaint under Sec. 21(a) (i) of the Consumer Protection Act, 1986 (in short, the 'Act') alleges unfair trade practice and deficiency in service in delay in handing over possession of a flat booked in a project promoted and executed by the opposite party within the promised time and seeking refund of the amount deposited with compensation and other costs.

(2.) The facts, as stated by the complainants are that they booked a flat admeasuring 2375 sq ft @ Rs.2600.00 per sq ft on 25/12/2006 in 'Wave Gardens', a project promoted by the opposite party in Sector 85 and 89, SAS Nagar, Mohali, Punjab by deposit of Rs.2,00,000.00. Registration no. MA0072 was allotted and after depositing Rs.6,17,500.00 by 25/1/2007, the opposite party entered into an Apartment Allottee Agreement (in short, the 'Agreement') on 30/10/2013. Apartment no. 702, 7th floor, Tower Laurel admeasuring 3160 sq ft (super area) comprising 4 bedrooms and one car park was allotted for a sale consideration of Rs.99,18,749,.00 including EDC. Complainants opted for Construction Linked Payment Plan. As per clause 5.1 of the Agreement, possession was promised within 30 months with grace period of 6 months from the date of Agreement, i.e., on or before 29/10/2016. A total of Rs.39,80,764.00 was paid by 2/1/2014. However possession was not handed over and complainant states that opposite party abandoned construction of Tower Laurel and offered an alternative to shift to apartment F 1402 admeasuring 1990 sq ft which was not acceptable and hence a legal notice was served on 6/5/2017.

(3.) On grounds of deficiency in service, the complainant is before this Commission with the prayer for directions to opposite party to