PREM WATI Vs. PARSVNATH DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Madhurendra Kumar, Advocate, for the complainant and Mr. Karan Rajpurohit, Advocate, for the opposite party.

(2.) Prem Wati has filed above complaint for directing the opposite party to (i) handover possession of Flat No.C-4/702 to her as early as possible and not later than one month from the date of filing of the complaint with interest @24% per annum compounded yearly on her deposit from the date of respective deposit till the date of possession; (ii) pay compensation in terms of the agreement; (iii) pay Rs.1000000.00 as punitive damages; (iv) pay Rs.1000000.00 as compensation for mental agony and harassment: (v) pay Rs.1000000.00 as compensation for deficiency in service; (vi) pay the costs of litigation; and (vii) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant stated that Parsvnath Hessa 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 'Parsvnath Exotica' at village Wazirabad, Sector-53, Gurgaon, in the year 2010 and made wide publicity of its facilities and amenities. M/s. Blue Star Buildprop (P) Ltd. (predecessor-in-interest of the complainant) booked a 3BR flat and deposited booking amount on 21/5/2010. The opposite party allotted Flat No.C-4/702 admeasuring 2645 sq.ft. for basic sale price of Rs.17589250.00and executed Flat Buyer Agreement 10/6/2011. The complainant purchased above flat from M/s. Blue Star Buildprop (P) Ltd. paying Rs.14847922.00, through Agreement to Sell dtd. 8/9/2011 with the permission of the opposite party, which was duly endorsed by the opposite party on 20/9/2011. The opposite party issued demand letters dtd. 6/6/2012 for Rs.2210855.00, 5/7/2012 for Rs.1235631.00 14/8/2012 for Rs.410855.00, 7/9/2012 for Rs.410855.00 which were deposited by the complainant on time. Clause-10(a) of the agreement provides that construction is likely to be completed within 36 months from commencement of the construction with grace period of six months. Said period has expired but the opposite party has neither completed the construction nor offered possession. Due to delay in handing over possession, the complainant is suffering financial loss. This complaint was filed on 25/4/2017.