PREETI JAIN Vs. ADANI M2K PROJECTS LLP

JUDGEMENT

(1.) Heard Mr. Pawan Kumar Ray, Advocate, for the complainants and Mr. Pravin Bahadur, Advocate, for the opposite party.

(2.) Preeti Jain and Pankaj Jain have filed above complaint for directing the opposite party to (i) refund Rs.21197854.20p with interest @18% per annum from the date of payment till realisation, (ii) pay Rs.500000.00, as compensation for mental agony and harassment, (iii) pay Rs.100000.00, as litigation expenses and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that M/s Adani M2K Projects LLP (opposite party) was a Limited Liability Partnership Firm, incorporated under the Limited Liability Partnership Act, 2008 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 'Oyster Grande', located at Village Khedki Mazra, Sector-102/102A, District Gurgaon, Haryana and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite party, the complainants booked a 4BHK+Powder room +Servant room flat on 21/2/2013 in the aforesaid project and deposited booking amount of Rs.15.00 lacs. The opposite party allotted Apartment No. J-1102, 11th Floor, super area of 3198 sq.ft. vide provisional allotment letter dtd. 23/3/2013 to them and executed Apartment Buyer's Agreement in their favour on 31/5/2013, in which total consideration was mentioned as Rs.21984636.00. Article-5-A of the agreement provides 48 months period from the date of execution of the agreement or from the date of commencement of construction, whichever is later with grace period of six months, subject to force majeure events, for completion of the construction. Annexure-B of the agreement provides payment plan as 'construction link payment plan'. As per demands, the complainants deposited total Rs.21197854.20p till 17/10/2016. The period of 54 months expired on 31/11/2017 but the opposite party neither completed the construction nor offered possession. For paying the instalments, the complainants took loan of Rs.120.00 lacs from ICICI Bank and were burdened to pay its EMI. The opposite party issued demand letter dtd. 16/2/2019, demanding Rs.2856660.00 although as per payment plan, this demand ought to have been raised on 'offer of possession'. The complainants visited the site to inspect the actual status of construction and found that the construction was far away from the stage of completion, which may take next one-two years. The complainants have reason to believe that the opposite party was attempting to extract further money from them. The complainants booked the flat for accommodation of their son. However, delivery of possession was unreasonably delayed and now their son has shifted to United States of America as such their requirement was no more exist. The complainants asked the opposite party to refund their money with interest but it had fallen on deaf ears. The complainants approached Haryana Real Estate Regulatory Authority, which was withdrawn with liberty to file the consumer complaint. Then this complaint was filed on 13/3/2019, alleging deficiency in service.