REENU SINGH Vs. LOGIX INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) Heard Lt. Col. B.S. Chaudhary, Advocate, for the complainant and the counsel, for the opposite party.

(2.) Reenu Singh has filed above complaint, for directing the opposite party to (i) handover possession of Flat No.404, complete in all respect with "occupation certificate"; (ii) pay Rs.1000000.00 as compensation for mental agony and harassment; (iii) pay delay compensation in the form of interest @15% per annum on her deposit from due date of possession till the date of handing over possession; (iv) pay Rs.100000.00 as costs of litigation; and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that Logix Infrastructure 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. The opposite party launched a group housing project in the name of "Blossom County" at Plot No.-GH-02, Sector-137, Expressway, Noida, in the year, 2010 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite party, the complainant booked a 4BHK flat on 4/2/2010 and deposited booking amount of Rs.621360.00. The opposite party issued Provisional Allotment Letter dtd. 27/3/2010, allotting Unit No. 404, admeasuring 2375 sq.ft. Tower-C, price Rs.7520833.00 and executed Flat Buyer 's Agreement dtd. 28/6/2010. Clause-6.1 of the agreement provides that the opposite party shall endeavour to complete the construction of the apartment within 18 months from the date of the agreement with grace period of 4 months. Payment plan was "construction link payment plan". The complainant paid the instalment on time and deposited Rs.6840609.00 till 11/8/2014. The period of 22 months expired in the year 2012 but possession was unreasonably delayed. The complainant, through email dtd. 18/8/2016, sought for information in respect of possession. The opposite party, through email dtd. 23/8/2016, informed that possession of Tower-C would be handed over in April, 2017, onward. The opposite party did not give any information thereafter. The husband of the complainant, through email dtd. 31/7/2018, sought for information in respect of possession. The opposite party, through email dtd. 8/8/2018, informed that possession of Tower-C would be handed over in April, 2019, onward. The complainant has taken loan from Bank of Baroda for payment of the instalment. Now she is paying EMI of Rs.7638.00 per month of the loan and Rs.35000.00 per months as rent of the rented accommodation. The complainant gave a legal notice dtd. 4/9/2018, for possession and delay compensation. In spite of service of the notice, the opposite party did not respond. The complainant then visited the site on 8/12/2018 and found that the construction of Tower-C was far away from completion. The complainant, through email dtd. 28/12/2018, sought for refund of her money with interest. Then this complaint was filed on 14/1/2019, alleging deficiency in service and unfair trade practice. Originally, the complaint was filed for refund but relief for possession was claimed through amendment, which was allowed on 23/7/2021.