LAWS(NCD)-2023-5-52

NAVEEN RAI Vs. PARSVNATH DEVELOPERS LIMITED

Decided On May 04, 2023
Naveen Rai Appellant
V/S
Parsvnath Developers Limited Respondents

JUDGEMENT

(1.) Heard Ms. Ishita Singh, Advocate, for the complainant and Mr. Prabhakar Tiwari, for the opposite party.

(2.) Naveen Rai has filed above complaint, for directing the opposite party to (i) refund Rs.4021239.00 with interest @18% per annum, from the date of respective deposit till the date of refund; (ii) pay Rs.500000.00, as compensation for mental agony and harassment; (iii) pay Rs.100000.00, as costs of litigation; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. Parsvnath Developers 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 "Parsvnath Privilege" at Plot No.11, Chorosia Estate, Sector-Pi, Greater Noida, in the year, 2006 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite party, Mr. Ramji Das Nagpal (the predecessor-in-interest of the complainant) booked a flat and deposited booking amount of Rs.100000.00 on 29/4/2006, Rs.321687.00 on 27/4/2007 and Rs.900000.00 on 18/6/2007. The opposite party allotted Unit No.901 Tower-T-15 on 22/5/2007 to him. Mr. Ramji Das Nagpal transferred the said flat to the complainant on 27/9/2007 with previous permission of the opposite party. The opposite party executed Flat Buyer Agreement on 12/10/2007, in favour of the complainant. Clause-10(a) of the agreement provides that the flat is likely to be completed within 36 months from the date of commencement of the construction. The complainant opted for "construction link payment plan". As per demand, the complainant deposited Rs.94150.00 on 6/11/2007, Rs.373522.00 on 3/7/2008, Rs.663703.00 on 14/1/2011, Rs.543103.00 on 16/7/2012, Rs.300000.00 on 16/9/2012, Rs.241691.00 on 24/12/2012, Rs.241692.00 on 28/2/2013 and Rs.241691.00 on 7/8/2013 (total Rs.4021239.00). Although the opposite party realized entire consideration till 7/8/2013 but, the construction was not completed and unreasonably delayed. The complainant through letter dtd. 31/1/2017, demanded for refund of his amount. The opposite party did not respond. Then this complaint was filed on 10/4/2018, alleging deficiency in service.