VIRENDER GOEL Vs. RAHEJA DEVELOPERS LIMITED

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainants and Mr. Siddharth Banthia, Advocate, for the opposite party.

(2.) Virender Goel and J.P. Gupta have filed above complaint, for setting aside cancellation of allotment letter dtd. 3/5/2017 and directing the opposite party to (i) refund Rs.11932516.00 with interest @18% per annum, from the date of respective deposit till the date of refund; (ii) pay Rs.1000000.00, as compensation for mental agony and harassment; (iii) pay Rs.500000.00, as costs of litigation; and (iv) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainants stated that M/s. Raheja 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 'Raheja Revanta' at Sector-78, Gurgaon, in the year, 2011 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite party, the complainants booked a flat and deposited booking amount of Rs.1442677.00 on 21/11/2011. The complainants deposited Rs.1100000.00 on 18/2/2012, Rs.500000.00 on 2/5/2012 and Rs.564016.00 on 7/5/2012. The opposite party issued Allotment Letter on 13/6/2012 allotting Unit No.C-311, 'Surya Tower', admeasuring 2522.86 sq.ft., total consideration of Rs.16495390.00 and executed Agreement to Sell on 13/6/2012, in favour of the complainants. Annexure-A of the agreement contained payment plan as 'construction link payment plan'. Article-4.2 of the agreement provides 48 months period from the date of execution of the agreement with grace period of six months for delivery of possession. As per demand, the complainants deposited Rs.11932516.00 till October, 2015. The opposite party was raising demand of the instalments without attaining the stage of construction for which demand used to be raised. The period of 48 months expired on 12/6/2016 and grace period of six months expired on 12/12/2016. The opposite party raised demand on 31/8/2016, then the complainants, through email dtd. 7/9/2016, inquired about tentative date of possession. The opposite party, through email dtd. 30/9/2016, informed that possession would likely to be handed over by last quarter of 2017. On inspection, the complainants found that the construction of the Tower was stopped. On query, the opposite party, through letter dtd. 22/2/2017, informed that due to high tension line passing through middle of the complex, the construction was stopped and they were making effort for shifting it as underground and also revised the schedule of completion of the construction up to December, 2018. The opposite party, through letter dtd. 3/5/2017, cancelled the allotment of the complainants. The complainants visited the site and found that number of floors were increased from 55 to 62, without consent of the buyers. The complainants, through letter dtd. 25/7/2017, requested to refund their money with interest. In spite of the service of notice, the opposite party did not respond. Then this complaint was filed on 15/11/2017, alleging deficiency in service.