CHANDA RAJESH AGARWAL Vs. KEYSTONE REALTORS PRIVATE LIMITED

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 seeking refund and other ancillary reliefs.

(2.) The brief facts leading upto the present Complaint are that the Complainant had booked and been allotted a residential Flat bearing No. 604 on the Sixth Floor admeasuring 934 sq. ft. carpet area in the Project of the Opposite Party namely, 'Rustomjee Summit' situated at Rajendra Nagar, Borivali (East), Mumbai-400066 for self-use vide Booking Agreement dtd. 24/11/2012 and Allotment Letter dtd. 8/1/2013 which contained one-sided and unfair terms. The Complainant has paid a total sum of Rs.50,25,442.00 against the total consideration of Rs.1,67,51,475.00. As per clause 9 of Allotment Letter/ Agreement, the Opposite Party was to deliver the physical possession of Flat on or before 31/12/2016 (including a grace period of six months). The Complainant was also allotted two car parking spaces vide letter dtd. 8/1/2013.

(3.) It is the case of the Complainant that vide communication dtd. 18/11/2014 and various Emails, the Opposite Party had admitted delay in construction. The Opposite Party failed to handover possession of the Flat on or before 31/12/2016. Consequently, the Complainant sent a Legal Notice dtd. 25/4/2017 to the Opposite Party. Thereafter, the Opposite Party sent a unilateral communication dtd. 31/1/2019 in the nature of a revised Agreement unilaterally changing the terms of the Agreement. It was informed vide the said communication that the Flat allotted to the Complainant had been changed to another residential Flat bearing No. 1605 on the sixteenth-floor, and measuring 1002.13 sq. ft. carpet area now costing Rs.1,71,25,225.00 along with other payable charges of Rs.4,98,600.00 and yearly maintenance charges of Rs.2,00,212.00, and further postponing the Possession date to 31/12/2021 while requesting the Complainant to execute the unilateral communication. The Complainant replied to the said communication vide reply dtd. 14/8/2019 intimating that the said revised Agreement was not maintainable. The Complainant sent another Legal Notice dtd. 16/9/2019 demanding refund. The Opposite Party replied to the letter dtd. 14/8/2019 vide letter dtd. 13/9/2019 intimating the Complainant that in case of failure to execute the revised Agreement, the Opposite Party was to terminate the Agreement i.e. Letter of Allotment dtd. 8/1/2013 and the refund the paid booking amount in terms of Clause 7B(c). Consequently, the Opposite Party refunded a sum of Rs.30,48,769.00 vide cheque bearing No. 003168 dtd. 12/9/2019 after deducting Rs.19,76,673.00 contradicting the Clause 7B(c) which stipulated a refund after a deduction of only 10%. It is stated that the said revised terms were unacceptable to the Complainant, hence, the Complainant did not encash the cheque and informed it vide short reply dtd. 19/9/2019 to the Opposite Party(s) through their Counsel.