PARVEEN KHATOON Vs. PARAMOUNT PROPBUILD PVT. LTD.

JUDGEMENT

(1.) This Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act 2019, alleging deficiency in service and unfair trade practice on the part of the Opposite Party and seeking fresh allotment/possession letter along with other ancillary reliefs.

(2.) The factual background, in brief, is that upon the Complainants' son having reached a marriageable age, they sought a larger residence and approached the Opposite Party for purchase of a Unit in the 'Paramount Golfforeste' Project at Plot No. BGH-A, Surajpur, Site-C (Extn.), Housing Sector, Greater Noida, U.P. The Complainant No. 2, who was running an automobile workshop in Noida, decided to purchase a Unit in the said Project based on the Opposite Party's representations and assurances. Consequently, the Complainants booked and secured allotment of Unit No. C-229-A in the Project for Rs.96,29,375.00. A loan of Rs.56,26,636.00 was obtained and disbursed to the Opposite Party on 31/7/2016 by Union Bank of India, later transferred to HDFC Bank.

(3.) The Opposite Party issued an Allotment Letter dtd. 9/7/2016, stating that the possession would be handed over within six months, with pre-EMI to be paid by the Opposite Party under the subvention scheme. After initial payment, the Opposite Party ceased pre-EMI payments. As per Clause 33 of the Allotment Letter, the Opposite Party is obligated to compensate the Complainants for possession delays.