MAJOR SHIV KUMAR SHARMA Vs. BPTP LTD

JUDGEMENT

(1.) Heard Mr. Aditya Parolia, Advocate, for the complainant and Mr. Pragyan Pradeep Sharma, Advocate, for the opposite party.

(2.) Major Shiv Kumar Sharma has filed above complaint for directing the opposite party to (i) refund Rs.8578885.87 with interest @18% per annum, from the date of respective deposit till the date of refund; (ii) pay Rs.500000.00, as compensation for mental agony and harassment; (iii) pay Rs.150000.00, as litigation costs; and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that M/s. BPTP Limited (the OP) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The OP launched a group housing project in the name of 'Astaire Gardens', at village Palra, Sector-70 and 70A, Gurgaon, in the year, 2012 and made wide publicity of its amenities and facilities. The OP advertised that the project would be in 100 acres of land, connected to NH-8 with a 24 metre wide approach road with facilities of ultra-luxurious club with gardens and all ultra-luxurious amenities, including 100% power back up, 24 X 7 security and like a self-contained township, Astaire Gardens will feature education centres, health care facilities and all modern amenities to ensure absolute comforts of the residents and 70% area of the township will have landscape green and open area as well as large central green lawns. Believing upon the representations of the OP, the complainant booked a flat and deposited Rs.1330000.00 on 20/3/2012. The OP, vide Allotment Letter dtd. 27/3/2012 allotted Unit No.C-64-FF, area 1390 sq.ft., basic sale price of Rs.9614252.70. Payment plan was 'construction link payment plan'. The OP executed Floor Buyer's Agreement (FBA) on 26/7/2012. Clause-5.1 of the FBA provides 30 months period from the date of sanction of building plan or execution of Floor Buyer's Agreement, whichever is later as 'commitment period' for handing over possession with grace period of 180 days. The complainant deposited Rs.1330000.00 on 20/3/2012, Rs.1066825.77 on 1/6/2012, Rs.1090355.53 on 28/9/2012, Rs.1931310.09 on 15/11/2012, Rs.2474457.00 on 1/3/2013, Rs.719621.54 on 21/10/2013, Rs.663910.75 on 19/11/2013 and Rs.87316.90 on 7/4/2017. Due date of possession including grace period expired in June, 2015. Although the OP realized Rs.9276478.00 till November, 2013 but the construction was unreasonably delayed. For timely payment of instalment, the complainant took loan of Rs.3400000.00 from Housing Development Finance Corporation Limited on 12/2/2013 and was paying its instalments. The OP, vide letter dtd. 25/9/2017 offered possession. Then the complainant visited the site and found that construction of the flat was still incomplete and the amenities i.e. club house with indoor heated pool, outdoor pool and kids pool were incomplete. On these allegations, this complaint was filed on 7/11/2017.