MITESH BHALLA Vs. EXPERION DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 alleging deficiency in service on the part of the Opposite Parties and, seeking refund of the deposited amount along with ancillary reliefs.

(2.) The facts leading up to the present Complaint, in brief, are that the Complainants approached the Opposite Party in 2012 after being influenced by advertisements for a residential project called "The Heartsong" in Gurgaon, Haryana. These advertisements promised that the project would be an ideal investment, luring buyers like the Complainants. Initially, the Complainants were interested in a 2BHK Flat, but the sales executives of the Opposite Party persuaded them to opt for a 3BHK unit, assuring them that it could be converted back to a 2BHK if required, prior to the final possession. Believing this representation, the Complainants applied for a 3BHK Flat on 13/12/2012 and paid an initial booking amount of Rs.7,00,000.00. The Opposite Party provisionally allotted them Unit No. B1/0703 on 28/12/2012.

(3.) On 18/4/2013, the Opposite Party executed a formal Agreement with the Complainants, under which the Flat was to be purchased for Rs.1,00,78,614.00 under an instalment payment plan. The possession of the Flat was to be handed over within 36 months from the date of the Agreement. However, despite the passage of five months, the Complainants discovered that construction had not even begun, contrary to the assurances of the Opposite Party. Despite raising concerns, the Opposite Party continued to delay the project while still demanding payments from the Complainants. By 17/9/2014, the Complainants had already paid Rs.42,69,334.00 including car parking charges, yet the project was still far from completion.