SUBHASH CHANDER MAHAJAN Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) This order shall decide two cases detailed above. The facts of both the cases and law points involved herein are similar. Therefore, both these cases are being decided through a common judgment.

(2.) The case of the complainants, Sh. Subhash Chander Mahajan and Sh. Aditya Mahajan, in complaint No. 144 of 2014 is this. They booked a Three-Bed Room residential Flat No. 1402, measuring 1855 sq.ft in the Parsvnath Privilege Complex situated in Plot No.11, Sector P-1, Chauraisin Estate, Greater Noida. Both the complainants were issued a provisional allotment letter dated 23.02.2007. It was agreed that the flat would be completed within a period of 36 (thirty-six) months from the date of commencement of construction. The Agreement has been attached as Ex.P-2, in this case. It was also agreed that if there was delay in construction of the flat, beyond the period, as stipulated, the Parsvnath Developers/OP would pay to the complainants Rs.5/- per sq.ft, per month, for the period of delay of the agreement. The complainants made full payment towards the flat in question in May, 2007, under the Down Payment Plan, Plan-A. "A provision for 10% rebate was also provided at the very start." It is alleged that the construction of the said premises was stopped in January, 2008 for the reasons best known to the OP. The complainants took loan of Rs.20.00 lakhs in May, 2007 from HDFC Bank for the purpose of making payment towards the above said booked flat. They have already paid the interest from 01.04.2007 to 31.03.2012 in the sum of Rs.6,97,230/- vide receipts, annexed as Annexure P-3 (colly).

(3.) OP vide letter dated 10.06.2010 admitted that there had been a delay in the construction of the project. The OP itself, vide its letter dated 22.05.2007, informed HDFC Bank that the loan was required by the complainants. The factum of loan was in the knowledge of the OP. The complainant wrote a number of letters vide Annexure P-5 (colly) (about 15 letters approximately), requesting it to explain the status report of the project.