ALAUDDIN ANSARI Vs. ISH REALTORS PVT. LTD

JUDGEMENT

(1.) Heard Mr. Dhruv Kumar, Advocate, for the complainant and Mr. Ashish Upadhyay, Advocate, for the opposite party.

(2.) Arshad Jamal Ansari and Tabish Jamal Ansari have filed above complaint for directing the opposite party to (a) refund the entire amount deposited by the complainant with interest @18% p.a. from the date of payment till the date of refund; (b) award Rs.2.00 lacs as litigation cost; and (c) any other order in favour of the complainant as this Commission may deem fit in the facts and circumstances of the case.

(3.) The complainants stated that the opposite party is a real estate developer company. In the year 2012-13, the opposite party invited applications for booking of units in a project 'Skyline-109' in Sector-109, Gurgaon. The complainant, vide application dtd. 9/4/2013 applied for allotment of unit No.GF-04, 1004 sq. ft. for a consideration of Rs.11044000.00. The complainant made payment of Rs.12.00 lacs, vide payment receipt dtd. 15/4/2013. As the complainant opted for 'down payment plan', under which he was required to pay a sum of Rs.10246734.00. He made balance payment of Rs.9046734.00 on 26/4/2013. On 2/5/2013, the opposite party executed a memorandum of understanding. Possession of the unit was to be handed over within a period of 30 months. The opposite party failed to fulfil its obligation to complete the construction and handover the possession. The complainant personally visited the project site many times but after expiry of 28 months even the opposite party has not commenced the construction. The complainant sent notice dtd. 31/3/2015 to the opposite party demanding corrective actions, which was not replied. Alleging deficiency in service on the part of the opposite party, the complainant filed the instant complaint on 3/9/2015.