YAMINI Vs. ANSAL PHALAK INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) This consumer complaint under Sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') is filed against the opposite party alleging deficiency in not handing over possession of the flat booked by the complainants within the promised time and seeking refund of the amount deposited with interest as compensation and other costs.

(2.) The complainants' state that they booked a flat admeasuring 2198 sq ft for a sale consideration of 1,63,35,000/- in the project 'Sovereign Floors Esencia', Sector 67, Gurgaon, Haryana on 23/1/2013. Flat no. D1560SF was allotted an amount of Rs.17,69,244.00 was paid the booking amount. A Buyer's Agreement was signed on 18/4/2013 between the parties and as per clause 3.1 the complainants were to pay Rs.1,63,35,000.00 as the sale consideration @ Rs.7431.76 per sq ft. The complainants opted for a construction linked payment plan as per Annexure 2 of the Agreement. The opposite party undertook to complete the development of the project within 36 months (i.e. by 18/4/2016) with an extended period of 6 months as per clause 5.1 and as per clause 5.4 to compensate the complainants @ Rs.10.00 per sq ft of the super area in case of failure to deliver as per the time frame. The complainants obtained a loan from of Rs.1,27,75,000.00 from State Bank of India and a Tripartite Agreement was signed on 29/4/2014 between the parties and the bank. The complainants paid Rs.1,74,09,480.00 between 23/1/2913 to 7/4/2016. In June 2015 a demand of Rs.9,80,038.36 was raised which was due on completion of internal finishing and on visiting the site on 22/6/2015 the complainants found the work was slow despite payment of nearly 90%. A reply to email dtd. 23/6/2015 regarding the slow pace of work was received on 4/11/2015 assuring completion before handing over possession. Despite further mails dtd. 6/12/2015 and 17/1/2016 regarding the pace of work, opposite party only reminded them about the payment. A pre-cancellation notice dtd. 31/3/2016 was received by the complainants requiring payment of Rs.10,73,582.00 inclusive of interest @ 18% p.a. which was paid on 7/4/2016 under the apprehension that the Rs.1,64,15,518.00 already paid would be in jeopardy. Despite assurances to complete the project, the complainants saw on 21/6/2019 that the project was incomplete even 3 years after the promised date of possession. In view of the fact that the complainants were paying nearly Rs.1,00,000.00 as EMI per month, and the project had not been completed on time, the complainants are before this Commission alleging deficiency in service with the prayer to direct the opposite party to:

(3.) The opposite party did not file any reply to the complaint. However, both sides filled their short synopsis of arguments.