PRAVEEN SACHDEVA Vs. IRIS PIONEER INFRAPROJECT PRIVATE LIMITED

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 21 read with Sec. 12(1)(c) of the Consumer Protection Act, 1986 alleging deficiency in service, and unfair trade practice on the part of the Opposite Party and seeking refund of the deposited amounts along with ancillary reliefs.

(2.) The factual background in brief is that the Opposite Party launched a project named "FIT Independent Residential Floors" at Faridabad Industrial Town, Sector 57, Faridabad, Haryana, and promoted it through local newspapers and brochures. They began collecting booking amounts from the Complainants starting in 2013 and subsequently issued Allotment Letters to them between December 2013 and April 2014, assigning independent residential floors. According to the Allotment Letters and specifically Clause 6.2 of the Agreement, possession was supposed to be handed over within 24 months from the date of issuance of the Allotment Letter. Upon collecting a significant sum of money from the Complainants, the Floor Buyer Agreement was signed between March 2014 and June 2014. However, this agreement contained several one-sided, arbitrary, and unreasonable clauses, leaving no room for negotiation by the Complainants, as disagreement would result in forfeiture of the earnest money already paid to the Opposite Party. Despite the Complainants diligently meeting all payment demands, with some even availing loan services from banks and still paying EMIs, the Opposite Party failed to deliver possession of the units within the agreed-upon timeframe. Even when possession was offered, it was without an Occupancy Certificate. Disgruntled by the deficiency of service and unfair trade practices on the part of the Opposite Party, the Complainants have filed the present complaint.

(3.) In view of the aforesaid facts, the Complainants have prayed as following -