DHARAMVIR SINGH Vs. JAI PRAKASH ASSOCIATES LIMITED

JUDGEMENT

(1.) Heard Mr. Madhurendra Kumar, Advocate, for the complainants.

(2.) Dharamvir Singh and Puneet Kumar have filed above complaint for directing the opposite party to (i) handover possession of Apartment No.KS1-12-101, in the project 'Kassia', compete in all respect as per specification and execute conveyance deed, within a stipulated period or in alternative refund entire amount deposited by them with interest @18% per annum from the date of deposit till the date of refund; (ii) pay delay compensation in the form of interest @18% per annum on their deposit from due date of possession till the date of delivery of possession; (iii) to bear excess charges of the stamp duty and registration of sale deed due to revision of circle rate; (iv) pay Rs. 15000.00 per months towards rental incurred by the complainants from April, 2013 till the date of handing over possession; (v) pay Rs. 5000000.00, as compensation for devaluation of currency; (vi) pay Rs. 2500000.00 as compensation for mental agony and harassment; (vii) pay Rs. 50000.00 per month as punitive damages from due date of possession till the date of possession; (viii) pay Rs. 500000.00 as litigation costs; and (ix) any other relief which is deemed fit and proper in the facts and circumstances of the of the case. At the time of arguments, relief for refund has been pressed.

(3.) The complainants stated that M/s. Jaiprakash Associates Limited (the OP) and M/s. Jaypee Sports International Limited were companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. M/s. Jaypee Sports International Limited was a subsidiary of M/s. Jaiprakash Associates Limited and now merged with the OP. The OP advertised for development of an integrated megacity project of a sporting lifestyle and featuring premium residential and commercial spaces spread over 2500 acres in the name of 'Jaypee Greens Sports City', at Sector-25, Yamuna Expressway, Gautam Budh Nagar in the year, 2009. The OP launched a group housing project in the name of 'Kassia' in the township 'Jaypee Greens Sports City', in the year, 2010 and made wide publicity of its amenities and facilities. Believing upon the representations of the OP, the complainants booked Unit Reference No.KS1-12-101, in the project 'Kassia" and deposited Rs. 400000.00 on 26/2/2011. The OPs, vide Provisional Allotment Letter dtd. 28/3/2011, allotted Unit Reference No.KS1-12-101, (area 2140 sq. ft., total price of Rs. 5587740.00), in the project 'Kassia'. The complainants further deposited Rs. 750000.00 on 20/4/2011, Rs. 390000.00 on 28/5/2011, Rs. 517228.00 on 28/5/2011, Rs. 3299999.00 on 28/7/2011, Rs. 3863.00 on 7/1/2013, Rs. 5533.00 on 26/4/2013, Rs. 13479.00 on 1/9/2013 and Rs. 28165.00 on 11/7/2014 (total Rs. 5408267.00). Allotment letter provides 24 months period, for handing over possession with grace period of 90 days. Due date of possession including grace period expired on 28/6/2013. The complainants inquired about date of delivery of possession then the OP informed that possession would be handed over till December, 2015. The complainants, vide email dtd. 14/4/2015, cancelled the allotment and sought for refund of their money with interest. The OP did not respond to the email. The complainants gave legal notice dtd. 7/1/2016, demanded for refund of his amount along with interest. In spite of service of the notice, the OP did not respond. Then this complaint was filed on 19/4/2016.