LAWS(NCD)-2023-5-82

SUNIL KUMAR Vs. ADANI M2K PROJECTS LLP

Decided On May 29, 2023
SUNIL KUMAR Appellant
V/S
Adani M2k Projects Llp Respondents

JUDGEMENT

(1.) Heard Ms. Sangeeta Sondhi, Advocate, for the complainant and Mr. Pravin Bahdaur, Advocate, for the opposite parties.

(2.) Sunil Kumar has filed above complaint, for directing the opposite parties to (i) refund Rs. 18593465.00 with interest @18% per annum, from the date of deposit till the date of refund; (ii) pay Rs. 500000.00, as compensation for mental agony and harassment; (iii) pay Rs. one lac, as costs of the litigation; 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. Adani M2K Project LLP (opposite party-1) was a limited liability partnership firm, registered under Limited Liability Partnership Act, 2008 and engaged in the business of development and construction of group housing project. M/s. Aakarshan Estate Private Limited (opposite party-2) was a company, registered under the Companies Act, 1956 and owner of the project land. The opposite party-1 launched a group housing project in the name of 'Oyster Grande' at Village Khedki Mazra, Sector-102/102-A, Gurgaon, in the year 2012 and made wide publicity of its amenities and facilities. Believing upon the representations of opposite party-1, the complainant booked an apartment and deposited booking amount of Rs. 1200000/- on 18/10/2012. Opposite party-1, vide Allotment Letter dtd. 5/1/2013, allotted Apartment No.B-1702, super area 2598 sq.ft and executed Apartment Buyer's Agreement dtd. 22/1/2016, in which total consideration of Rs. 18643431/- was mentioned. Allotment Letter provides payment plan as 'construction link payment plan'. Article 5-A of Allotment Letter provides that the developer will endeavour to complete construction within a period of 48 months from the date of execution of this agreement or from the date of commencement of the construction, whichever is later with a grace period of six months. Opposite party-1 realized instalment of 'on start of excavation' on 3/10/2013 and by the time of execution of Apartment Buyer's Agreement, the complainant had deposited total Rs. 12620194/-. In order to make timely payment of the instalment, the complainant took loan of Rs. 4575000/- from Housing Development Finance Corporation Limited, for which a Tripartite Agreement was executed on 14/9/2016. As per demand, the complainant paid total Rs. 18593465.00 till February, 2018. High tension electricity line was passing right above the apartment allotted to the complainant, as such the construction was proceeded with very slow pace. 48 months period expired in November, 2017. Opposite party-1 issued demand letter dtd. 25/1/2018, for Rs. 2370156/- of the instalment 'on offer of possession', payable till 12/2/2018. The complainant paid Rs. 15/- lacs on 12/2/2018 and through emails dtd. 12/2/2018 and 16/2/2018, raised objection in respect of the excessive demands in the heads of electrification, electric meter, water connection, fire alarm, CCTV and HVAT, for not providing delay compensation and also in respect high tension electricity line, passing right above the apartment. Opposite party-1, through email dtd. 16/2/2018, replied that construction was completed till May, 2017 i.e. well within time. Building plan was sanctioned with provision of HT wire and mandatory clear distance was maintained between the HT wire and the apartment and the charges were as per Article 3(B) of the Agreement. Then this complaint was filed on 8/3/2018, alleging HT electricity line was not disclosed at the booking.