LALIT KUMAR SEHGAL Vs. JAIPRAKASH ASSOCIATES LTD

JUDGEMENT

(1.) Heard Dr. Maurya Vijay Chandra, Advocate, for the complainants and Mr. Sumeet Sharma, Advocate, for the opposite party.

(2.) Lalit Kumar Sehgal and Veena Kumari Sehgal have filed above complaint, for directing the opposite party to (i) handover possession of unit No.K-4, 402, Kalypso Court, Jaypee Greens, Sector-128, Noida with all facilities as promised; (ii) refund the amount of Rs.1911754.00 with interest @ 12% till the date of realization; (iii) pay unliquidated damages of interest on the total amount paid by the complainants till the date of possession and the amount paid thereafter; (iv) pay interest @ 12% from the date of payment i.e. Rs.16496146.00; (v) pay Rs.5000.00 per day to the allottee of the flat for the delay in possession; (vi) refund the amount taken from the complainants on account of increased area of the flat, alongwith interest; (vii) pay Rs.100000.00 towards litigation cost; and (viii) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainant stated that Jaiprakash Associates 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 'Kalypso Court' at Sector-128, Jaypee Greens, Noida-201301, in the year 2007 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite party, the complainants booked Unit Reference No.K-4-402, having super area of 3140 sq. ft. for a consideration of Rs.18407900.00. They were allotted the said unit, vide provisional allotment letter dtd. 21/5/2008. As per provisional allotment letter, possession of the unit was to be delivered within 36 months from the date of the allotment with grace period of 90 days. On 24/5/2008, the complainants deposited an amount of Rs.1770300.00. On 2/7/2008, the complainants made another payment of Rs.1994560.00. The opposite party sent an email dtd. 29/3/2010 informing the complainants that if the complainants make payment of the instalment before the due date, they will be given rebate of 12%, which amount will be adjusted in the next instalment. The complainants paid the amount in advance. The complainants paid most of the payment in advance upto 2012. The opposite party vide letter dtd. 3/2/2016, issued statement of account and asked for payment of balance amount. The opposite party arbitrarily increased the area of the unit from 3140 sq. ft. to 3425.43 sq. ft. and asked for payment of the enhanced area. As per statement of account, the complainants have already paid excess amount of Rs.1911754.00. The complainants visited the office of the opposite party and also wrote emails for refund of the excess amount and they were assured that the excess amount would be refunded within six months after approval by the competent authority. The complainants were informed that the flat would be ready by 8/2/2016. Thereafter, the complainants were informed that the flat is ready for handing over possession. The complainants visited the flat and found that there were several defects in the construction of the flat and several other amenities were not provided. The complainants made representation to the opposite party requesting for handing over possession of the flat. When the opposite party failed to handover the possession, the complainants, vide email dtd. 1/7/2016, asked for refund of the excess amount with interest @ 12% p.a. Thereafter, the complainants made representations for refund of the excess amount, to the Director and the Chief of Finance of the opposite party dtd. 20/7/2016 and 21/7/2016 respectively but all in vain. Then the complainant filed the above complaint on 24/11/2016.