VIMAL KUMAR CHOPRA Vs. OASIS LANDMARKS LLP

JUDGEMENT

(1.) Heard Mr. Arjun Minocha, Advocate, for the complainant and Mr. Kunal Cheema, Advocate, for opposite party-1.

(2.) Vimal Kumar Chopra has filed above complaint for directing the opposite parties to (a) refund Rs. 1395854.00 (b) pay interest @ 18% p.a. on the aforesaid amount from the respective dates of payments till realization; (c) pay compensation of Rs. 10.00 lacs for harassment and mental agony caused to the complainant; and (d) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainant stated that the opposite party-1 is a developer engaged in the business of development and sale of residential projects. Opposite party-2 is the channel partner of opposite party-1. Opposite parties launched a project, namely, 'Godrej Icon' comprising multi storied residential complexes in Sector-88A and 89A, Gurgaon. The complainant booked a flat in the said project through opposite party-2 by filing an application form. At the time of booking, he deposited an amount of Rs. 5.00 lacs vide cheque dtd. 27/4/2015. Consideration of the flat was Rs. 13368925.00. Opposite party-2 also promised that the complainant would be given incentive of Rs. 2.25 lacs on booking of the flat. The complainant further deposited an amount of Rs. 6.00 lacs on 31/7/2015 and Rs. 295894.00 on 4/9/2015. Opposite party-2 informed the complainant that it had some dispute with OP-1 and the promised discount would be given to the complainant by OP-1. The complainant sent letter dtd. 19/7/2015 to opposite party-1 requesting for discount of Rs. 2.25 lacs as promised by OP-1. OP-1 vide email dtd. 2/9/2015 refused to give discount though admitted that OP-2 was its channel partner. OP-1 vide letters dtd. 18/12/2015, 13/1/2016 and 12/2/2016 asked the complainant to make payment of Rs. 1398248.00, Rs1452880/- and Rs. 170119.00 respectively. The opposite parties did not issue allotment letter to the complainant. Thereafter, on 3/3/2016, OP-1 asked the complainant to make outstanding payment of Rs. 1470119.00. On 13/4/2016, opposite party-1 issued termination letter of booking of the flat stating that the complainant has not paid balance amount of Rs. 4199129.00 and interest amount of Rs. 135121.00. While cancelling the allotment of the apartment, OP-1 also forfeited the entire amount deposited by the complainant. The complainant sent a letter to OP-1 raising his grievance relating to cancellation of the flat and sought refund of the amount deposited by him. OP-1 sent letter dtd. 25/5/2016 to the complainant that they had never authorised OP-2 to enter into agreement on its behalf. Thereafter, the complainant has written letters dtd. 23/5/2016, 20/6/2016 and 29/6/2016 asking for refund of the amount but the opposite party-1 failed to refund the amount. Alleging deficiency in service on the part of the opposite parties, the complainant filed Consumer Complaint No.242 of 2016 with the District Forum, which was dismissed for want of pecuniary jurisdiction. Hence, the instant complaint was filed on 30/1/2018.