DHARMENDRA SHARMA Vs. AGRA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Mr. S.K. Pattjoshi, Senior Advocate, assisted by Mr. Om Prakash, Advocate, for the complainant and Ms. Sushma Singh, Advocate, for the opposite party.

(2.) Dharmendra Sharma has filed above complaint for setting aside the demands dtd. 4/2/2014, 17/1/2018 and 23/9/2019 raised by the opposite party and for directing the opposite party to refund (i) Rs. 5654000.00 with interest @19.5% per annum from 1/4/2012 till the date of refund; (ii) Rs. 399100.00 with interest @19.5% per annum from 15/2/2014 till the date of refund; (iii) Rs. 343178.00 with interest from 1/6/2019 till the date of refund; (iv) pay Rs. 20000.00 per month from 1/4/2012, till the date of refund of above amount as loss of rent: (v) pay Rs. 360000.00, as loss of Income tax rebate: (vi) pay Rs. 700000.00 as compensation for mental agony and harassment; (vii) reimburse the amount of penalty charged by State Bank of India, for not submitting title deed, for loan granted by it; and (viii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that Agra Development Authority (the opposite party) was a statutory authority, constituted under the U.P. Urban Planning and Development Act, 1973 and engaged in the development and construction of group housing project, within the limit of urban agglomeration of Agra. The opposite party launched a group housing project of different categories in the name of 'ADA Heights, Taj Nagari Phase-II' at Fatehabad Road (near Taj Expressway), Ring Road, Agra, in the year, 2011 and made wide publicity of its amenities and facilities. Applications were invited from general public for allotment, giving last dated as 31/7/2011. The complainant applied for allotment of residential flat in category Super Deluxe-2 and deposited booking amount of Rs. 460000.00 on 28/7/2011. Allotment was done by lottery system on 29/8/2011, in which, the complainant was allotted Flat No.DT-1/1204. The opposite party, vide letter dtd. 19/9/2011, informed the complainant that he was allotted Flat No.DT-1/1204, for tentative price of Rs. 5654000.00 and asked to deposit Rs. 953500.00 till 20/10/2011 and balance amount with interest was payable in 24 equal quarterly instalments. The complainant, through letter dtd. 21/10/2011, opted for full payment and attached cheque No.598445 dtd. 20/10/2011 of Rs. 6.94 lacs and Rs. 45.00 lacs by LICHFL, as the opposite party had advertised for possession within six months. The complainant, vide letter dtd. 3/4/2012, asked for possession of the flat as he had made upfront payment of full amount. The opposite party, vide letter dtd. 4/2/2014, demanded Rs. 84300.00 in the head of solar system, Rs. 46878.00 as lease premium and Rs. 212000.00 for covered car parking (total Rs. 343178.00), non-judicial stamp for execution of deed, other papers and offered possession. The complainant visited the office of the opposite party on 15/2/2014 with non-judicial stamp and other papers for execution of deed and raised objection in respect of demand. The complainant visited the site on 15/2/2014 and found various deficiencies in construction of the flat, which were got noted to Assistant Engineer (Property), with request to remind for possession after making good the deficiencies and asked for 'completion certificate' and other documents. The opposite party wrote reminders dtd. 22/9/2014 and 20/21/11/2014 for Rs. 382748.00 and non-judicial stamp for execution of deed, other papers and for taking possession, although stamp and other papers had already been deposited on 15/2/2014. The complainant, vide letter dtd. 9/1/2015 again demanded 'completion certificate'. The opposite party again wrote a letter dtd. 17/1/2018 for Rs. 611575.00 as balance amount and Rs. 343178.00 for non-judicial stamp for execution of deed, other papers and for taking possession. The complainant vide letter dtd. 2/4/2018, requested for waiver of interest on balance and confirming that the flat was ready for physical possession. The complainant vide letter dtd. 4/6/2019, sent a cheque No.786128 dtd. 1/6/2019 of Rs. 343178.00 and requested to confirm the date of possession. The opposite party encashed the cheque but did not inform the date for handing over possession. State Bank of India wrote letters dtd. 14/3/2017, 25/6/2019 and 19/10/2019, demanding the title deed of the flat with warning that if it is not deposited then penal interest @2% per annum would be levied. The complainant gave reminder 18/9/2019, for waiver of interest on balance and confirming that the flat was ready for physical possession. The complainant visited the office of the opposite party on 23/11/2019 but the opposite party did not provide 'completion certificate', Fire Fighting Clearance Certificate. The complainant also visited the site and found that the flat was not in habitable condition. The opposite party raised another building without consent of the buyer and thereby reduced green area and also restricted common amenities and facilities and thereby committed unfair trade practice. The opposite party was obligated to handover possession till 19/3/2012 of the flat complete in all respect but the opposite party had neither completed the construction as per specification nor offered possession. The opposite party had been insisting to take possession of the flat with deficient construction. On these allegations the complaint was filed on 10/7/2020, alleging deficiency in service as well as unfair trade on the part of the opposite party.