SUNITA MALHOTRA Vs. GODREJ PROJECTS LTD.

JUDGEMENT

(1.) Heard Ms. Ishita Singh Jain, Advocate for the complainants and Mr. Sudhir Makkar, Senior Advocate, assisted by Mr. Kapil Madan, Advocate, for the opposite parties.

(2.) Mrs. Sunita Malhotra has filed above complaint for declaring offer of possession dtd. 10/10/2017 as illegal and for directing the opposite parties to (a) refund the entire amount of Rs.20672757.00 with interest @18% p.a. from the date of respective deposit till the date of refund; (b) pay Rs.2.00 lacs litigation cost; and (c) any other relief, which this Commission may deem fit and proper in facts and circumstances of the case.

(3.) The complainant stated that her husband is an IT professional and presently working in Bahrain. Their younger daughter Garima is a practicing advocate in Delhi NCR. The complainant, therefore, was looking for a residential apartment in Delhi NCR. The opposite parties launched a group housing project in the name of "Godrej Summit", at Sector-104, Gurgaon, Haryana, of luxurious 2, 3 4 bedrooms and penthouses with open spaces and landscape gardens cover 80 percentage of the property. Besides other attractions, the OPs, in the brochure showed that the project will have connectivity with Dwarka Expressway by 24 meters wide road, so as to reach Connaught Place within 40 to 60 minutes. Water supply connection provision from main HUDA line, Multi-purpose hall, Amphitheatre, Meditation/Yoga area, Skating rink, Billiards/Snooker room, Tennis and Badminton Courts, Sparking Swimming pool, Jogging track, Indoor games, Shopping area, Nursery and Primary School etc. Magic Info Solutions Pvt. Ltd. (OP-2) is the owner of the project land and all the permissions/environment clearance, 'occupation certificates' are in the name of OP-2. Attracting with the promises made in the brochure, the complainant booked residential Flat No.D-1507, in the project "Godrej Summit", which was changed on her request to Flat No.K-406, "Godrej Summit", Sector-104, Gurgaon, Haryana for a consideration of Rs.11666940.00, vide allotment letter dtd. 20/1/2017. Looking to their requirement for settlement after retirement, the complainant also booked Flat No.L-204 in the project "Godrej Summit". The complainant signed the Apartment Buyer Agreement (ABA) on 23/1/2017. ABA contained several new conditions, which were not in the allotment letter. Most of the clauses of the ABA were unfair, unjust and one sided, the complainant find herself unable to accept it. The complainant therefore, requested to refund her money. The OPs charges Rs.525000.00 towards car parking contrary to the judgment of Supreme Court in Nehalchand Laluchand Vs. Panchali Co-operative Society, AIR 2010 SC 3607. The OPs, vide letter dtd. 10/10/2017 offered possession and demanded balance consideration and other charges, informing that 'occupation certificate' has been granted. "Occupation certificate" is conditional and Condition No.10 requires the OP to comply with all stipulations mentioned in the Environment Clearance Certificate issued vide No.SEIAA/HR/2013/611 dtd. 4/9/2013, by State Environment Impact Assessment Authority, Haryana. The OPs did not provide copy of Environment Clearance issued vide No.SEIAA/HR/2013/611 dtd. 4/9/2013 as well as compliance certificate submitted by them. Operational Phrase: Condition No.1 provides that there should be no traffic congestion near the entry and exit points from the roads adjoining the proposed project site. Parking should be fully internalized and no public space should be utilised. In its compliance report, the OPs have stated that the proposed parking is fully internalized. Parking plan has already been submitted in previous compliance report of June, 2014. Entry and Exits are bell mouthed shaped and open to a 24 meters wide road. Hence traffic congestion is not anticipated. Condition S is that the project shall be operationalized only when HUDA/Local Authority will provide domestic water supply system in the area. The OPs submitted various representation to Government of Haryana, raising their grievance that 24 meters wide road connecting Dwarka Expressway, domestic water supply system, sewer and storm line and proper electricity connection has neither been provided as yet nor appear to be ready to be provided in the near future to the project. The OPs admit that 24 meters wide access road has not been provided. Existing approach road is a temporary and is not sufficient to support the ingress and egress of vehicles which would ensure once the project become fully functional and would only lead to huge traffic snarls and a lot of inconvenience to the residents of the project. About 3616 number of persons is likely to commute from the project on a daily basis. Huge traffic snarls described herein above does not include around 75 water tankers coming from Sector 16 boosting, Gurgaon or Basai WTP Gurgaon. Subject to anything otherwise shown by the other side, 70 more sewage discharge tankers would ingress and egress the group housing project for sewer discharge points to discharge equal amount of sewer water outside the group housing project and only God knows what will happen to storm water in case of heaving rainfall in mansoon admittedly there is no connection for that purpose. The road linking the project to Dwarka Express Highway, as depicted in the Gurgaon master plan is completely absent. The road is essential for smooth ingress and egress to the project. Operationalization of the project without 24 meters wide road would not only give rise to air pollution and noise pollution on account of traffic snarl but also change entire identity of the property. The complainant would have never booked the flat, had she been informed that the approach road ie. 24 meter wide road connecting Dwarka Expressway is not there but it is only 8 meters wide village Panchayat road. The OPs offered possession without complying with the conditions of Environmental Clearance and in its absence "occupation certificate" is invalid. OP-1 issued various letters to deposit balance amount, threatening with penal action and coercing for taking possession. The complainants requested the OPs to refund the amount deposited by them with interest. One Mr. Vijay Chg, a home buyer of the project "Godrej Summit" preferred an application before National Green Tribunal (NGT), wherein Hon'ble NGT appointed a Joint Committee to examine compliance of Environmental Clearance. The Committee, after site inspection, submitted its report dtd. 12/2/2019, stating that the conditions of Environmental Clearance have been violated. Alleging deficiency in service and unfair trade practice on the part of the OPs, the complainant filed the above complaint on 6/6/2019.