YOGESH KUMAR SAREEN Vs. SELENE CONSTRUCTIONS LTD

JUDGEMENT

(1.) Heard Mr. Akshay Srivastava, Advocate, for the complainant and Mr. Vaibhav Agnihotri, Advocate, the opposite party.

(2.) Yogesh Kumar Sareen has filed above complaint, for directing the opposite party to (i) refund INR.15503012/- with interest @18% per annum from the date of respective deposit till the date of refund; (ii) pay INR 1000000/-, as compensation for mental agony and harassment; (iii) pay INR 100000/-, as litigation costs; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that 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 "Centrum Park", consisting 2BHK to 4BHK & Penthouse etc. at village Daulatabad, Sector-103, district Gurgaon, in the year 2012 and advertised that the project was a completely licensed project and contain masterfully crafted apartment that celebrate and appreciate the high standards of modern lifestyle and other facilities including 24 hours water supply, power backup, medical support, manned security on entrance gates, sewage treatment plant, fire safety norms complaint structure and other basic amenities. Believing upon the representations of the opposite party, the complainant booked a 4 BHK+SQ flat on 5/4/2013 and deposited booking amount. The opposite party issued a provisional allotment letter dtd. 10/6/2013, allotting Apartment No.164 on 16th floor, area of 2875 sq.ft., Block No.G3 along with 1 parking space and executed Flat Buyer Agreement on 26/6/2013, in favour of the complainant. Clause-21 of the agreement provides three years period with six months grace period, for completion of the construction and delivery of possession. Annexure-1 of the agreement contains payment plan as "construction link payment plan". The complainant deposited instalments on time and as per demand of the opposite party and almost 95% of the total consideration was paid till May, 2017 and a meagre sum of Rs.848928.00 remained to be paid on offer of possession. The opposite party kept on assuring the complainant that he had invested his hard earned money at the right place and possession would be delivered within short time but failed to provide a fix date of delivery of the possession. In May, 2017, the opposite party, demanded a sum of Rs.158744.00 towards contingency deposit for payment of VAT liability and threatened to charge interest @24% if the same is not paid forthwith. The complainant paid Rs.158744.00 to the opposite party in June, 2017 under threat of charging 24% interest. The opposite realized instalment of "on commencement of finishing work" on 26/8/2014 and due date of possession including grace period expired on 26/10/2016 but the opposite party failed to deliver possession. Then, the complainant sent a notice on 15/7/2017 to the opposite party for refund his amount with interest. On 4/8/2017, the opposite party sent a short reply denying the grievance of the complainant for refund and tried to persuade the complainant that the project was progressing at full pace. Then, this complaint was filed on 13/9/2017.