VIKAS GOYAL Vs. IREO PVT. LTD

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainants and Mr. Sameer Chaudhary, Advocate, for the opposite party.

(2.) Mr. Vikas Goyal and Dr. Seema Goyal have filed above complaint for directing the opposite party to (i) handover possession of Apartment to them, complete in all respect with all amenities and facilities within 3 months; or in alternative (ii) refund entire amount deposited by them with interest @18% per annum from the date of respective deposit till the date of actual payment; (iii) pay interest @12% per annum on the amount deposited by them with the opposite party, from July, 2014 till the date of actual possession; (iv) pay Rs.7000.00 per day, in case of failure to handover possession within stipulated period; (v) pay Rs.1500000.00, as compensation for mental agony and harassment; (vi) pay Rs.200000.00 as litigation costs; (vii) refund the amount collected for car parking space with interest @18% per annum; and (viii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants 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 and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of Skyon' at village Ullawas, Golf Course Extension Road, Sector-60, Gurgaon, in the year 2010 and made wide publicity of its facilities and amenities. The complainants booked Apartment No.803, super area 1524 sq.ft. on 14/12/2010 and deposited booking amount of Rs.750000.00. The opposite party issued Allotment Offer Letter dtd. 14/1/2011 and executed Apartment Buyer's Agreement on 13/3/2012. Annexure-IV of the agreement provides payment plan as 'construction link payment plan' and basic sale price of Rs.9608820.00. As per demand, the complainants deposited Rs.1190216.00 on 29/4/2013, Rs.1039025.00 on 25/1/2014, Rs.1033089.00 on 29/5/2014, Rs.1178000.00 on 19/11/2014, Rs.1178000.00 on 2/1/2015, Rs.996512.00 on 26/2/2015 and 9/3/2015. Clause-13.3 of the agreement provides 42 months period from the date of approval of the building plans and/or fulfilment of the preconditions imposed thereunder as 'commitment period' for delivery of possession with grace period of 180 days. Said period has expired but the opposite party could not complete the construction nor offered possession. The opposite party has illegally charged for car parking space. The complainants gave a notices dtd. 4/4/2016 and 11/8/2016 that due to delay in possession, they were suffering loss of rent as well as interest. In spite of service of notice, the opposite did not respond. Then this complaint was filed on 21/9/2016, alleging deficiency in service and unfair trade practice.