ROSHNI KHANNA Vs. SHIPRA ESTATE LTD

JUDGEMENT

(1.) Heard Mr. Kishan Rawat, Advocate, for the complainants, Mr. Chaitanya, Advocate, for opposite party-1 and Mr. Shantanu Krishna, Advocate, for opposite party-2.

(2.) Smt. Roshni Khanna and Rajesh Khanna have filed CC/844/2016, for directing the opposite parties to (i) handover possession of the flat allotted to them, complete in all respect within reasonable period and execute Flat Buyer's Agreement and Maintenance Agreement, in their favour; (ii) pay delay compensation in the form of interest @21% per annum on their deposit from January, 2009 till actual handing over possession; (iii) restrain the opposite parties from charging interest on the balance amount for delayed or deferred period; (iv) restrain the opposite parties from realizing any amount for power backup, club membership, sinking fund and other charges, mentioned in the statement of account as on 13/7/2015 and 29/12/2015 till handing over possession, completion of the entire project and all common facilities; (v) pay Rs.15.00 lakhs, as compensation for mental agony and harassment; (iii) pay the costs of litigation; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated that M/s. Shipra Estate Limited and Jai Kishan Estate Developers Pvt. Ltd. (opposite party-1) were companies, 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. Ghaziabad Development Authority is a statutory authority, constituted under U.P. Urban Planning and Development Act, 1973. The opposite parties launched a group housing project, in the name of 'Shipra Krishna' at Ahinsa Khand, Indirapuram, Ghaziabad in the year 2006 and made wide publicity of its facilities and amenities. Believing upon the representations of the opposite parties, the complainants booked a flat on 17/7/2006 and deposited booking amount of Rs.150000.00 and thereafter allotment money of Rs.1075500.00 on 15/11/2006. Opposite party-1 allotted Flat No.Amaltas-1101, for a consideration of Rs.6127500.00, vide Allotment Letter dtd. 2/9/2006. Balance amount of Rs.4902000.00 was paid on 30/11/2006 under 'down payment plan'. Clause-9 of the allotment letter provides that construction of the building is likely to be completed within 22 months from the date of commencement of construction. The complainants deposited full consideration on 30/11/2006. However, the construction work ran with slow pace. President, Srishti Welfare Society held a meeting with the Director of opposite party-1 and conveyed vide letter dtd. 28/2/2008 to all the allottees, including the complainants that construction was delayed and the assurance was given that it would be completed by February, 2009. Opposite party-1 however, further delayed the construction hence vide letter dtd. 28/2/2009, addressed to Srishti Welfare Society, offered delay compensation from January, 2009 till July, 2009 @Rs.5.00 per sq.ft. per month. Vide letters dtd. 26/8/2009 and 23/10/2009, issued to joint allottees of Flat No.Palash-501 (Srishti), opposite party-1 offered discount @7% per annum from August, 2009. Opposite party-1, did not attend any correspondence of the buyers for a long time. Opposite party-1, vide letter dtd. 10/1/2012, sent a cheque of Rs.107231.00 as delay compensation. Opposite party-1, vide letter dtd. 18/6/2013, informed the buyers in building nos. 1 and 2 that the construction of these two buildings was completed, 'partial completion certificate' was awaited and delivery of possession was expected till September, 2013. Opposite party-1, through email dtd. 7/6/2014 informed that possession would be handed over by August, 2014. Opposite party-1, through email dtd. 29/12/2015, offered possession to the complainants along with final statement of account. A perusal of statement of account shows that opposite party-1 stopped payment of delay compensation after October, 2014 and charged maintenance from November, 2014, without handing over possession; although the complainants made full payment till November, 2006 but an interest of Rs.102483.00 was charged; and total Rs.750620.00 was paid as delay compensation till 14/6/2013 but total Rs.800624.00 was shown in statement of account. Opposite party-1, vide email dtd. 16/7/2015 informed that 'completion certificate' of the building Nos.1 and 2 was received but registration of sale deed would be possible in 3rd week of August, 2015 but did not whisper about correction of statement of account. The complainants then gave a legal notice dtd. 25/9/2015 to opposite party-1, for correction of statement of account. In spite pf service of legal notice opposite party-1 did not respond. The complainants then gave a legal notice dtd. 4/12/2015 to opposite party-2. Opposite party-1 then issued final demand letter dtd. 29/12/2015, then this complaint was filed on 18/5/2016, alleging deficiency in service.