SATISH TALWAR Vs. SATYA DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Salil Paul, Advocate, for the complainant and Ms. Kaadambari, Advocate, for the opposite party.

(2.) Satish Talwar has filed above complaint, for directing opposite party to (i) refund entire amount of Rs.4066517.00 with interest @12% per annum, from the date of respective deposit till the date of payment, and (ii) any other relief which is deemed fit and proper in the facts and circumstances of the case;

(3.) The complainant stated that M/s. Satya Developers 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 "The Hermitage" at village Daulatabad, Sector-103, Gurgaon, in the year 2011 and made wide publicity of its facilities and amenities. The complainant inquired from the officials of the opposite party in January, 2014 about the period under which, possession would be handed over, who informed that possession would be handed over within three years. Believing upon the representations and promises of the opposite party, the complainant booked a flat and deposited Rs.500000.00 on 13/1/2014. The opposite party issued receipt dtd. 22/1/2014 and allotted Unit no.T-2-604. As per demand, the complainant deposited Rs.1192506.00 on 4/3/2014 and Rs.2373636.00 on 21/5/2014. The opposite party executed Buyer's Agreement on 31/5/2014, in which, total sale price was mentioned as Rs.11072589..00 Annexure-3 provides payment plan, under which total consideration was payable in four instalments. Last instalment of Rs.7809223.00 was payable on offer of possession. Clause-6.2 of the agreement provides 36 months period from start of construction with grace period of six months, for completion of the construction. Clause-6.3 of the agreement provides for delayed compensation @Rs.5.00 per sq.ft. per month on super area. The period of 36 months expired in May, 2017, but the opposite party did not offer possession. In December, 2017, the complainant went to site of the project and found that the construction was not near completion. The complainant made inquiry in the office of the opposite party but they were not in position to give any satisfactory reply in respect of possession. The opposite party issued letter dtd. 15/3/2018, as "intimation of possession" and demanded Rs.10347723.00, to be deposited till 14/4/2018. The complainant went to the site in March, 2018 and requested the workmen at the site for inspection of the flat, which was denied. The complainant went in the office of opposite party and expressed his desire to inspect the flat which was denied by the officials of the opposite party. The complainant then made oral request for refund of his money was not accepted. The complainant gave a legal notice dtd. 15/5/2018, to the opposite party, for refund of his money with interest @12% per annum. In spite of service of the notice, the opposite party did not respond. The complaint was filed on 6/9/2019, alleging unfair trade practice and deficiency in service.