MADHU GUPTA Vs. VATIKA LIMITED

JUDGEMENT

(1.) Heard Mr. Shreyans Singhvi, Advocate, for the complainants and Ms. Anukriti Kudeshia, Advocate for the opposite party.

(2.) Madhu Gupta and Urvashi Gupta have filed above complaint for directing the opposite party to (i) refund a sum of Rs.7735214.00 to the complainants with interest @ 18% from the date of payment till actual payment; (ii) pay sum of Rs.5.00 lacs as compensation for mental harassment, torture and inconvenience caused to the complainants; (iii) pay costs of the complaint; and (iv) any other relief which is deemed fit and proper in the facts and circumstance of the case.

(3.) The complainants stated that they are mother and daughter respectively and reside in Singapore. The opposite party is a company registered under the Companies Act, 1956 and engaged in the business of real estate and development/construction. In 2013, the opposite party participated in a property promotion fair at Singapore to promote and sell its project in India. The parents of complainant No.2 were intending to settle in India after retirement, therefore they attended the property promotion fair. The opposite party advised the complainants to purchase residential plot in the colony, namely, 'Vatika Express City Plots' to be developed by it in Sector 88, Gurgaon, Haryana. The opposite party also represented that the project would be ready for possession within 24 months. Upon representation of the opposite party, the complainants booked a residential plot of approximately 400 sq. yds. In the said project for a consideration of Rs.25740000.00. The complainants deposited an amount of Rs.11.00 lacs. On 31/7/2013, Expression of Interest Form was executed by the complainants. Pursuant the demands of the opposite party, the complainants made payments of Rs.100000.00; Rs.450000.00 on 30/7/2013; Rs.550000.00 on 30/8/2013; Rs.1459260.00 on 11/11/2013; and Rs.2574000.00 respectively. On 27/1/2014, the opposite party allotted plot No.23 of 400.66 sq. yds in H-16, Sector-88, Gurgaon, Haryana. Thereafter, the complainants paid Rs.2574000.00 on 30/4/2014 and Rs.27954.00 on 21/8/2014. The complainants paid a total amount of Rs.7735214.00 till 21/8/2014. On 19/2/2015, the builder buyer agreement was executed between the parties in respect of the said plot. The consideration of the plot was fixed at Rs.28380751.00. As per agreement, possession of the plot was to be handed over within 48 months from the date of the agreement, against the assurance given by the opposite party in the property promotion fair in Singapore. On 20/4/2015, 3/6/2015 and 8/7/2015, the opposite party demanded a sum of Rs.7828943.94 towards instalment due for commencement of utility service. Father of complainant No.2 contacted the opposite party via email requesting it to provide the status of the site. The opposite party replied to the said email and in order to show development on the site, attached the photographs of another sector. The complainants enquired about the development on the site through their personal sources and they came to know that there was no development on the site. The opposite party again demanded Rs.15031379.50 towards outstanding dues on account of commencement of electrification work and threatened the complainants that in case the payment is not made within the stipulated time it would cancel the allotment and forfeit the amount deposited by them. The complainants personally visited the site on 28/9/2016 and 23/11/2016 and saw that there was no development at the site and they were shocked to know that 88 Sector wherein plot of the complainants was situated was marked as a commercial sector as per Gurgaon Master Plan 2031 published on 15/11/2012. The complainants, vide email dtd. 4/11/2016 sought refund of the amount deposited by them with interest. Thereafter, the opposite party issued termination-cum-recovery letter dtd. 2/2/2017 demanding a sum of Rs.281226.87. Alleging deficiency in service and unfair trade practice on the part of the opposite party filed the present complaint on 16/11/2018.