PARMINDER SINGH Vs. FS HOUSING PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Aviral Goyal, Advocate, for the complainants and Mr. Rajat Jain, Advocate for the opposite parties.

(2.) Parminder Singh and Harjeet Kaur have filed above complaint for directing the opposite parties to (i) refund a sum of Rs.25928571.00; (ii) pay interest on each deposit @ 12% p.a. on compound basis; (iii) pay sum of Rs.40.00 lacs as compensation for mental harassment, torture and inconvenience caused to the complainants; (iv) pay rental charges of Rs.45000.00 per month from the due date of possession till payment; (v) Rs.351000.00 towards litigation cost; and (vi) any other relief which is deemed fit and proper in the facts and circumstance of the case.

(3.) The complainants who are son and mother respectively applied for allotment of an apartment in the project "The Crest" situated at plot No.A-4, Airport Enclave Scheme, Tank Road, Durgapura, Jaipur vide application dtd. 6/9/2017 for residential purpose. They were allotted flat No.408, 3rd Floor, Wing No.2 in the said project having area of 2150 sq. ft., 4 BHK-D-1 with two covered car parking. An agreement for sale was executed on 11/9/2017 for the above flat for a consideration of Rs.24255000.00. The complainant also applied for housing loan with ICICI Bank and a tripartite agreement was also executed on 13/9/2017. As per payment schedule the complainants paid an amount of Rs.25928571.00 upto 19/4/2018. As per agreement, possession of the apartment was to be handed over by 31/5/2018, subject to force majeure but the opposite party failed to hand over the possession within the stipulated period. The opposite parties sought extension of one year, still they failed to fulfil their commitment. The opposite parties again sought one year further extension. Instead of handing over the possession, the opposite parties sought third extension and promised to deliver the possession on 1/6/2021 but till date the opposite party has neither obtained the completion certificate nor handed over the possession. Admitting their fault, the opposite parties paid Rs.160000.00 to the complainants in four instalments on 4th September, 4th October, 4th November and 4/12/2019. Thereafter, the opposite party has neither paid any compensation for delay nor handed over the possession. Then the complainant filed the instant complaint on 7/10/2022.