AMRESH KUMAR SINHA Vs. SATYA DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) Heard the counsel for both the parties.

(2.) Amaresh Kumar Sinha and Pratik Ranjan have filed above complaint for directing the opposite party to (i) refund entire amount deposited by them with interest @18% per annum from the date of deposit till the date of refund; (ii) pay Rs.2000000.00 as compensation for mental agony and harassment; (iii) pay litigation costs; and (iv) any other relief which is deemed fit and proper in the facts of the of the case.

(3.) The complainants stated that Satya Developers Private Limited (the OP) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The OP launched a group housing project in the name of 'The Hermitage' at village Daulatabad, Sector-103, Gurgaon, in the year, 2011 and made wide publicity of its amenities and facilities. Believing upon the representations of the OP, the complainants and Smt. Sheela Sinha (since deceased and represented by her husband and son respectively, the complainants) booked a flat, in the project 'The Hermitage' and deposited Rs.400000.00 on 23/3/2014. The OP allotted Flat No-1 at 12th floor, Tower -7, super area 3339 sq.ft., basic sale price of Rs.16611525.00 and executed 'Buyers Agreement' on 7/10/2014. The complainants further deposited Rs.1991729.00 on 30/5/2014, Rs.1350000.00 on 4/8/2014, Rs.2000000.00 on 19/8/2014, Rs.495166.00 on 15/10/2014 and Rs.200000.00 on 3/9/2015 (total Rs.6536895.00). Annexure-3 of the agreement contains 'payment plan', under which, the complainants had to pay Rs.6152108.00 within 120 days of booking or commencement of 6th Floor, whichever is later and balance amount of Rs.12462817.00 was payable on offer of possession. Clause-6.2 of the agreement provides 36 months period with grace period of six months, from start of construction or execution of the agreement, whichever is later, for completion of the construction of the tower. For timely payment of the instalment, the complainants took loan from State Bank of India, on execution of tripartite agreement dtd. 10/6/2015 and the bank disbursed first instalment of Rs.200000.00 on 3/9/2015 directly to the OP. The complainants inquired about the progress of the project from OP, initially on telephone and later on through email dtd. 19/8/2016. Then the OP issued final demand letter dtd. 1/9/2016, for Rs.16702786.00 and asked for completion of the formalities for taking possession. In this demand letter, super area was shown as 3505 sq.ft. and electricity connection charges was shown as Rs.503844.00. The bank required details/proof of measurement of 'super area' for disbursement of the amount as area of Tower-7, which as initially disclosed was 104890Sq.ft. while in the 'occupation certificate', constructed area of Tower-7 was shown as 102994 sq.ft. The complainants asked the OP to supply details of measurement of 'super area' along with documents through emails dtd. 6/9/2016, 7/9/2016, 19/9/2016 and 20/9/2016 as required by the bank and also raised protest for electricity connection charges and VAT charges. On physical verification, it was also noticed that location of the flat as allotted to the complainants was also changed. The complainants gave a letter dtd. 19/9/2016, raising their detail grievances. The OP did not supply the details of measurement of super area, instead of it, vide email dtd. 17/11/2016, offered to change allotment of Flat No.1202 admeasuring 3467 sq.ft. and asked to cancel previous Buyers Agreement and execute fresh agreement. But State Bank of India, vide letter dtd. 25/11/2016, refused to disburse the amount of loan as against Flat No.1202 area 3467 sq.ft. as the loan was sanctioned for Flat No.1201 area 3339 sq.ft. Then the complainants, vide letter dtd. 9/12/2016 and emails dtd. 10/12/2016 and 24/12/2016, cancelled the allotment and sought for refund of their money with interest. The OP did not respond to the letter and the emails. Then this complaint was filed on 9/1/2017.