VIRENDER SHARMA Vs. HAAMID REAL ESTATES PRIVATE LIMITED

JUDGEMENT

(1.) The present Consumer Complaint (CC) has been filed by the Complainant against Opposite Parties (OPs) as detailed above, inter alia praying for directions to the OPs to refund the entire amount of Rs.29,99,682.00 with interest of 18% per annum from the date of payment till the date of realization and Rs.20,00,000.00 for mental agony and harassment.

(2.) Notice was issued to the OPs. Parties filed Written Statement/Reply, Rejoinder, Evidence by way of an Affidavit and Written Arguments/Synopsis etc. as per details given in the Table at Annexure-A. The details of the flat allotted to the Complainants/other relevant details, based on pleadings of the parties and other records of the case are also given in the Annexure-A.

(3.) Brief facts of the case, as emerged from the pleadings of the parties and other case records are that in May 2012, OP No.3 approached the Complainants and notified that the OP No.2 was selling flats by way of pre-launch and also stated that complainants would get an discount of 4% at the rate of Rs.5850.00 per sq. ft instead of Rs.6191.00 per sq. ft. if the Complainants purchases the unit immediately. The said offer was refused by the Complainants. However, after much persuation and representation and promises made by OP No.3, Complainants decided to book a unit in the Project, 'Peaceful Homes', Sector 70-A, Gurgaon, Haryana of OP No.2, who subsequently transferred the project to OP No.1. OP No.3 in collusion with OP No.2 told the complainants that if the Complainants make the payment immediately, then only he would be eligible for obtaining the discount. Complainants issued a cheque of Rs.10,00,000.00 in favour of OP No.2 to book the flat and complainants received a confirmation letter for the same.