PAN REALTORS PVT. LTD Vs. RASHMI SINGH

JUDGEMENT

(1.) This Appeal has been filed by the Appellants/Opposite Parties against Respondents/Complainants challenging the impugned Order dtd. 2/5/2017 passed by the State Consumer Disputes Redressal Commission, Lucknow, UP, in Complaint bearing No. 173 of 2015. Vide such Order, the State Commission had allowed the Complaint against the Opposite Party No.1.

(2.) The brief facts of the case are that the Opposite Party No.1 (a joint venture of the Opposite Parties No.2, 3 and 4) had launched a scheme for providing Flats in Noida. Based on the inducements of the Opposite Party No.1, the Complainants had applied for a Flat bearing No. 1103 on the 11th Floor having super area of 1775 sq. ft. on 28/9/2011 in 'Pan Oasis' situated at Sector-70, Noida. The total cost of the Flat was Rs.66,66,875.00 out of which the Complainants had deposited Rs.6,00,833.00 at the time of Application. Thereafter the Opposite Party had provisionally allotted and confirmed the provisional booking of Flat F-1103 vide letter dtd. 21/10/2011. In pursuance of the Allotment Letter, a Flat Buyer Agreement was entered into between the parties on 22/10/2011. In order to make payments to the Opposite Party, the Complainants had taken a loan of Rs.42,00,000.00 vide sanction letter dtd. 30/11/2011 from Bank of Baroda, Halwai Chowk Branch, Badaun, at the rate of interest 10.05%+1.50% p.a. subject to change of base rate. Consequently, after release of the loan, a sum of Rs.51,07,081.00 was deposited with the Opposite Party on 21/12/2011.

(3.) It was the case of the Complainants that the Opposite party had failed to start the work of construction and handover possession despite receiving the entire cost of the Flat. As per clause 21 of the Agreement, the Opposite party had to deliver the possession of the Flat within a period of 36 months from the date of signing of the Agreement and with a further grace period of 3 months. It was stated by the Complainants that the Opposite Party had failed to handover the possession and execute Sale Deed of the Flat. Therefore, the Complainants sent a Legal Notice dtd. 21/4/2015 to the Opposite Party demanding possession or refund along with interest which was replied to by the Opposite Party on 30/4/2015 stating that the National Green Tribunal had passed a verdict thereby restraining the construction in the vicinity thereof, due towhich the Opposite Party was unable to complete the construction. Therefore being aggrieved by the acts of the Opposite Party in failing to deliver the possession or refunding the sum paid and alleging deficiency in services, the Complaint was filed before the Ld. State Commission seeking refund of Rs.57,07,914.00 along with interest @18% p.a. from 22/12/2011 till actual payment, compensation of Rs.10,00,000.00, Rs.5,00,000.00 towards unfair trade practice and Litigation costs.