MOHANA R. BHARDWAJ Vs. SUADELA CONSTRUCTIONS PVT. LTD

JUDGEMENT

(1.) Heard Mr. D.P. Chaturvedi, Advocate, for the complainant and Mr. Shekhar G. Devasa, Advocate, for the opposite party.

(2.) Smt. Mohana R. Bharadwaj has filed above complaint for directing the opposite party to (i) refund Rs.15532283.00 with interest @18% per annum from the date of respective deposit till the date of refund; (ii) pay Rs.11837666.00 with interests @24% per annum, from September, 2018 till the date of realization; (iii) pay Rs.100000.00, as the costs of litigation; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. Suadela Constructions Private Limited (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 and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of 'House of Hiranandani- Lake Verandahs' at Bannarghatta, Bengaluru, in the year 2015 and made wide publicity of its facilities and amenities. The complainant made inquiries regarding details of 3BHK flat. The opposite party supplied sale quotation letter dtd. 8/1/2016, quoting total sale price of Rs.19098887.00 for a 3BHK flat, payable in 5 equal instalments. Believing upon the representations of the opposite party, the complainant booked a 3BHK Apartment No. B-2404, saleable area 1826 sq.ft. on 8/1/2016 and deposited booking amount. The opposite party allotted above flat and executed Memorandum of Understanding 18/1/2016. Annexure-A of the Memorandum of Understanding provides payment plan, under which 4 equal instalments had to be paid till 7/5/2016. The opposite party assured that possession would be handed over within one year. As per demand, the complainant deposited total Rs.15532283.00 till 30/12/2017 and 20% amount i.e last instalment was payable on offer of possession. The opposite party, vide letter dtd. 28/2/2018 (Pre-intimation Final Notice), demanded Rs.5540272.00 towards principal and Rs.383543.39 as interest as on 28/2/2018, alleging that instalments were due. The opposite party neither executed an agreement for sale and a construction agreement as provided under Memorandum of Understanding nor completed the construction on due date. In spite payment of instalment as per payment plan, the complainant was shown as defaulter. Due to delay in handing over possession, the complainant has suffered financial loss. The complainant gave legal notices dtd. 1/7/2018, 3/7/2018 and 5/7/2018, to the opposite party, requesting to refund her money with interest. In spite of service of notice, the opposite party did not respond. Then this complaint was filed on 17/8/2018.