SUNEAL KUMAR SINGHAL Vs. SUPERTECH REALTORS PVT. LTD

JUDGEMENT

(1.) This complaint under sec. 21 read with sec. 12 (1) (a) of the Consumer Protection Act, 1986 (in short, the 'Act') has been filed against the opposite party alleging deficiency in service on the part of opposite party and that services were negligent and unsatisfactory in respect to the unit booked by the complainants in the project 'Super Nova' at Plot no. 3, Sector-94, Noida201301 promoted and executed by the opposite party. The complainants were allotted with unit no. R203NEAST2301 on 23 rd Floor of Tower Nova East with super area of 2,040 sq. ft. approximately.

(2.) The complainants state that they have are 'consumer's under the Act who booked the unit and made advance payment of Rs.5,00,000.00 on 8/12/2011 as per the payment plan and on 27/2/2012, an allotment letter was issued by the opposite party in favor of the complainant (hereinafter referred as "Agreement"). The brochure for the project promised that project would have luxury five star hotel, serviced suites, high end luxurious apartments, exclusive clubhouse, 1 lac sq. mtr., on site shopping mall etc. However, later through an advertisement and as per the photos of the project, the five star hotel was removed completely. It was promised that the project will be delivered to the complainants by May 2015 with a grace period of 6 months, i.e., by November 2015. From 8/12/2011 till 14/4/2015, the complainant had paid an amount of Rs.1,26,30,370.00. The opposite parties changed the original layout plan and unilaterally increased the area of the unit from 2040 sq. ft. to 2105 sq. ft. Due of delay in handing over the possession, a legal notice was issued to the opposite party on 16/11/2017 emphasizing all factors in addition to undue delay in delivery of possession and stating that they were not interested in the said project, seeking cancellation of the unit and the refund of the money.

(3.) The complainants are before this Commission with the following prayer :