ARCHNA DHAWAN Vs. IREO GRACE REALTECH (P) LTD.

JUDGEMENT

(1.) This complaint under Sec. 21 (a) (i) of the Consumer Protection Act, 1986 (in short, 'the Act') is filed against the opposite party alleging unfair trade practice and deficiency in service in delay in handing over the possession of flat no. CD ' A2/12/1203 in Tower A 2 in the project Corridors, Golf Course Extension Road, Sector 67 A, Gurgaon, booked by the complainant.

(2.) Briefly put, the facts, according to the complainant are that she booked a 3 BHK Study Unit Flat with 2 covered car parking in March 2013 in the above project with an initial booking amount of Rs.17,00,000.00 inclusive of development and other charges at the rate of Rs.8750.00 sq ft on 11/3/2013. As per the allotment letter, possession of the flat was to be handed over within 42 months from the date of building plan approval which was dtd. 23/7/2013. The second instalment of Rs.19,94,102.00 was paid in May 2014. Thereafter an allotment offer letter dtd. 7/8/2014 was received from the opposite party which indicated the rate of basic sale price of Rs.9400.00 sq ft. Rs.327.91 per sq ft was also demanded towards development charges, Rs.2,50,000.00 towards club member ship and other ancillary charges which were not part of the sale consideration at the time of booking of the flat. Complainant paid the third instalment of Rs.22,04,360.00 . An Apartment Buyer Agreement (in short, 'the agreement') which was completely one sided was received from the opposite party. Despite the payment of the third instalment, the issue with regard to the costs and other charges were not resolved by the opposite party. Subsequently further demands for payment were also received. On being pursued through e-mail in March 2015, the opposite party vide e mail dtd. 13/4/2015 declined to supply a copy of the application form on the ground that the a consumer complaint had been filed.

(3.) The complainant, along with 9 other allottees, filed a consumer complaint no.195 of 2015 under Sec. 12 (1) (c) before this Commission which was dismissed as withdrawn on 18/10/2016 with liberty to file a fresh complaint on the ground of pecuniary jurisdiction. On 7/9/2015 a police complaint was also filed in Gurugram alleging fraud and cheating by the opposite parties and FIR no.561 of 2014 was registered by one Rajiv Singhal. Three Civil Suits by different buyers including complainant nos.1 and 2 were filed on 7/12/2016 for a permanent injunction before the Civil Judge, Gurugram in Civil Suit No.178 of 2016 seeking to restrain the opposite party from cancelling the allotments and not to raise unjustified demands for payment along with directions to deliver possession within the time frame mentioned in the agreement. Vide order dtd. 22/12/2016 these cases were disposed of with directions to the complainant to deposit the outstanding amount @ Rs.8750.00 per sq ft within seven days failing which the opposite party were at liberty to cancel the booking. Complainant's case is that the construction of Tower A 2 is already delayed for which reason no demand for payment was raised by the opposite party and that the opposite party filed an application under Order 7 Rule 11 CPC in all the said civil suits.