JAY KUMAR MANOT Vs. RUCHI REALITY HOLDINGS LTD.

JUDGEMENT

(1.) Heard Mr. Mukesh M. Goyal, Advocate, for the complainants and Ms. Aanchal Tikmani, Advocate, for the opposite parties.

(2.) Jay Kumar Manot and Smita Manot have filed above complaint for directing the opposite parties to (i) hold the opposite parties guilty of deficiency in service for not delivering the possession of the flat despite expiry of 2 years over and above the stipulated period; (ii) refund to the complainants a sum of Rs.9508517.34 with interest @ 18% p.a. from the date of respective payment till realization; or handover the possession of the flat to the complainants within a period of six months with compensation in the form of interest @ 18% p.a. on the amount deposited by the complainants w.e.f. 1/6/2015 till realization; (iii) pay Rs.25.00 lacs to the complainants for harassment and mental agony suffered by them; (iv) pay Rs.100000.00 to the complainants towards litigation cost; and (v) any other order which this Commission deems fit in the facts and circumstances of the case.

(3.) The complainants stated that they are husband and wife. Opposite party-1 is the developer which whom the complainants booked the flat in question. Opposite party-2 is the owner of property No.54/10 on which the project was to be developed. Opposite parties 1 and 2 entered into a joint venture for construction of a project. Complainant-1 launched a housing project 'Active Acres' offering the flats of different sizes. Representative of OP-1 approached the complainants and represented that they were raising very high quality construction of flats and would be delivering possession of the flats within time. Allured by the representation made on behalf of OP-1, the complainants applied for booking of residential flat No.2H3, 3rd floor having super built up area of 1727 sq. ft., the said project, vide application dtd. 11/4/2012 by depositing an amount of Rs.5.00 lacs. Super built up area of the flat was revised from 1727 sq. ft. to 1753 sq. ft. and the total consideration of the flat was fixed at Rs.11405950.00. Agreement for sale was executed between the parties on 25/4/2012. As per clause 5.1 of the agreement, possession of the flat was to be handed over on or before 30/5/2015, with a grace period of six months. The complainants made the payments well in time whenever demanded by opposite party-1. The complainants paid total amount of Rs.9508517.34 till May, 2014. Opposite party-1 failed to complete the construction and handover possession of the flat within the stipulated period. The complainants visited the site various times to know the status of construction and possession of the flat but no satisfactory answer was given to the complainants. Then the complainants sent a legal notice dtd. 6/4/2016 to the opposite parties. Though opposite party-1 replied to the legal notice on 15/4/2016 but possession has not been handed over. Alleging deficiency in service on the part of the opposite parties, the complainants have filed the instant consumer complaint on 13/7/2017.