RAJESH AGGARWAL Vs. CHINTELS INDIA LTD.

JUDGEMENT

(1.) Heard Mr. Mishal J., Advocate, for the complainant and Mr. Shubham Dayma, Advocate, for the opposite party.

(2.) Rajesh Kumar Aggarwal has filed above complaint for directing the opposite party to (i) refund Rs.20013951.00 with interest @24% per annum from the date of respective deposit till the date of refund; (ii) pay compensation for deficiency in service; and (iii) any other relief which is deemed fit and proper in the facts and circumstance of the case.

(3.) The complainant stated that M/s. Chintels India Limited (the OP) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The OP launched a group housing the project in the name of 'Chintel Paradiso', at village Babupur, Sector-109, Gurgaon, in the year 2012 and made wide publicity of its amenities and facility. Believing upon the representation of the OP, the complainant booked a flat and deposited booking amount on 22/5/2012. The OP, vide Allotment Letter dtd. 30/6/2012, allotted Unit No. B-1802, super area 3150 sq.ft., basic sale price @Rs.6477.00 per sq.ft., exclusive of all other charges. The OP executed Apartment Buyer agreement on 10/10/2012, in respect of aforesaid flat, in which, basic sale price of Rs.21701050.00, exclusive of taxes, has been mentioned. Annexure-IV of the agreement provides payment plan as 'construction link payment plan'. Clause-11 of the agreement provides 36 months period from the date of actual start of construction of the tower concerned + grace period of six months for handing over possession. Clause-12 of the agreement provides for delay compensation and also gives right to the allottee to seek refund, after giving 90 days previous notice in case of delay in delivery of possession. The OP realized total Rs.20013951.00 till 1/8/2016. The period of 42 months expired in October, 2016. The OP, vide letter dtd. 29/6/2017, offered possession to the complainant with final demand of Rs.4595188.00 (exclusive of stamp duty and registration charges). Then the complainant visited the project and found that the flat allotted to the complainant was neither complete and nor in habitable condition. Then this complaint was filed on 19/9/2017, alleging deficiency in service.