MAHTAB SINGH Vs. RAMPRASTHA PROMOTERS DEVELOPERS (PVT) LTD.

JUDGEMENT

(1.) Heard Mr. Somvir Singh Deswal, Advocate, for the complainants, Ms. Riya, Advocate, for opposite party-1, Ms. Sougat Sinha, Advocate for opposite party-2 and Ms. Tanya Singh, Advocate for opposite party-3.

(2.) Dr. Mahtab Singh and Dr. Suman have filed above complaint for directing the opposite parties to (i) refund the amount of Rs.6451020.00 with interest @ 18% per annum; (ii) pay Rs.1052783.00 plus Rs.1250242.00 deposited with the bank as principal and interest respectively against the housing loan; (iii) pay Rs.799200.00 with interest @ 18% per annum; Rs.200000.00 as litigation charges; (iv) pay Rs.25.00 lacs as damages for mental agony and torture suffered by the complainants; and (v) any other order which this Commission deems fit in the facts and circumstances of the case.

(3.) The complainants stated that they are husband and wife. On 28/1/2011, the complainants have booked flat No.G-303, 3rd Floor admeasuring 2025 sq. ft. in the project 'SKYZ' in Sector 37D, Gurgaon, by depositing booking amount of Rs.612757.00. On 16/11/2011, apartment buyer agreement was executed between the complainants and opposite partis-1 and 2 and the total consideration of the flat was fixed at Rs.7438282.00. As per clause 15 (a) of the agreement, possession of the flat was to be handed over by 31/8/2014. The complainants made timely payments to the opposite parties as per payment schedule and paid a total amount of Rs.6451020.00, but the opposite parties failed to hand over the possession within the stipulated period. The complainants have taken housing loan from the State Bank of India. On 12/1/2016, opposite party-1 sent a letter to the complainants intimating that tentative date of completion of flat was November, 2017. Again on 28/2/2017, opposite party-1 sent an email to the complainants intimating that the construction of the flat allotted to the complainants would be completed by April, 2018. Then the complainants sent a legal notice dtd. 16/8/2017 to the opposite parties seeking refund of the amount deposited by them with interest @ 18% per annum and also reimburse the amount paid by the complainants to the bank towards housing loan and interest. The opposite parties did not reply to the legal notice. Alleging deficiency in service on the part of opposite parties-1 and 2, the complainants filed the instant consumer complaint on 27/9/2017.