VINIT BAHRI Vs. MGF DEVELOPMENTS LTD.

JUDGEMENT

(1.) Heard Mr. Priyadarshi Chaitanyashil, Advocate, for the complainants, Ms. Sunanda Tulsyan, Advocate, for opposite party-1 and Mr. Pankaj Vivek, Advocate, for opposite party-2.

(2.) Vinit Bahri and Mrs. Sonia Bahri have filed above complaint for directing the opposite party to pay (i) Rs.15989994.00 with interest @18% per annum; (ii) Rs.5000000.00, as compensation for mental agony and harassment; (iii) Rs.1500000.00, as compensation due to change of location of Tower-C; (iv) Rs.3561494.00, as excess amount realized towards fixture and fitting; (v) Rs.250000.00 as the litigation costs; and (vi) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainants stated that the opposite parties were the companies, 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 parties launched a group housing project, in the name of 'The Villas' at village Sahraul, Sector-25, Gurgaon, in the year 2005 and made wide publicity of its facilities and amenities. The complainants inquired about the detail of the plan from the opposite parties, then one Rakesh Kaul, vide email dtd. 5/3/2005, informed that they would be allotted Unit-802, Tower-C, right facing lobby at the ground floor, having 13 floor and the ground floor on stilt. Believing upon the lucrative representations of the opposite parties, the complainants booked a flat in March, 2005 and deposited booking amount of Rs.1500000.00. The opposite parties allotted Unit No. VP-C/802, super area 3590 sq.ft. on 2/9/2005 and executed Flat Buyer's Agreement in their favour on 12/6/2006. Annexure-III of the agreement provides payment plan as 'construction link payment plan'. Clause-9.1 of the agreement provides for handing over within 36 months from the date of agreement with grace period of 90 days. Due date of possession expired in 11/9/2009. The opposite parties unilaterally changed the layout plan of Tower-C without any information to the buyers. The complainants received layout plan on 18/3/2019 and visited the site on 19/3/2009 and noticed for the first time that layout plan of Tower-C has been changed. The complainants, vide email dtd. 19/3/2019, demanded copies of master plan, flat layout plan and specifications of facilities and amenities and a meeting with the directors. The opposite parties fixed meeting on 23/4/2009, in which, they admitted change of layout plan of Tower-C. The complainants made timely payments of the instalments as per demand of the opposite parties. The opposite parties raised a demand of Rs.1082000.00 on 6/9/2009, which was deposited under protest on 24/4/2009. The opposite parties, issued demand letter dtd. 29/10/2009 for Rs.1438540.00. The opposite parties through letter dtd. 22/1/2011, informed that possession was likely to be handed over by March, 2012. The opposite parties, issued demand letter dtd. 29/9/2011. The complainants, through letter dtd. 11/10/2011 raised their objection in respect of various illegal demands. The complainants filed CC/240/2011, before District Consumer Forum, Delhi. During pendency of the complaint, the opposite parties raised demand, vide letter dtd. 11/11/2014, with threatening to cancel the allotment in case of non-payment. The complainants deposited the amount, under protest and took possession on 8/1/2015. The opposite parties, vide letter dtd. 2/1/2015, invited objection against change of layout plan and issue of 'occupation certificate'. The complainants filed their objection on 29/1/2015. However, Director, Town and Country Planning, Haryana issued 'occupation certificate' on 14/8/2015. The complainants withdrew CC/240/2011 with liberty to file fresh complainant on 21/12/2016 and filed this complaint on 10/1/2017, alleging deficiency in service and unfair trade practice. The complainants challenge the demand of total Rs.3081894.00 in the heads of EEDC, IDC, Service Tax, Interest Free Maintenance Security, Electrification charges, Storm water/Sewer/Water connection charges, Increased area, HVAT, Parking charges and Rs.480000.00 towards deficiencies in fixtures and fittings as well as compensation for change in layout plan.