VIRENDER SINGH TANWAR Vs. BPTP 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 factual background, in brief, is that the Opposite Parties announced the launch of a luxury integrated township project named "Amstoria" in Sectors-102 and 102A, Gurgaon, Haryana. The project aimed to offer various luxury housing options, including Farm Villas, Country Floors, and Lutyens Plots. Attracted by the promotion, assurances, and representations made by the Opposite Parties, the Complainants decided to book a unit in the project. They made an initial booking payment of Rs.15,00,000.00 and were subsequently allotted Unit No. A-26-SF, which had a Super Area of 2,833 Sq. Ft. The total agreed consideration for the unit was Rs.1,57,97,215.00.

(3.) On 6/12/2012, after the payment of Rs.29,76,900.00, the Opposite Parties executed a Floor Buyer's Agreement with the Complainants. However the Agreement contained several one-sided, arbitrary, and unreasonable clauses. They were forced to comply, as any disagreement would have resulted in the forfeiture of their Ernest money, equivalent to 25% of the total consideration. The unit, as per the layout plan annexed to the agreement, was specifically described as a 3BHK. According to the terms of the Agreement, possession of the unit was to be handed over within 30 months (24 months + 6 months grace period), meaning the deadline for delivery was June 2015. Believing in the Opposite Parties' promise of timely delivery, the Complainants made payments as per the Construction Linked Plan. By 3/3/2014, they had paid Rs.1,07,90,364.00. In order to continue making these payments on time. The Complainants had to take a loan of Rs.1,13,90,000.00 from UCO Bank, which was later transferred to SBI. However, after March 2013, the construction of the project stalled. The last payment demand raised by the Opposite Parties was on 3/3/2014, and no further demand was made until 20/3/2017, indicating a three-year construction halt without any communication to the Complainants. By 20/3/2017, the Complainants had paid Rs.1,35,48,628.00 to the Opposite Parties. On 29/11/2018, the Opposite Parties sent a letter offering possession of the unit, but this letter indicated that the Super Area of the unit had been changed to 3,106 Sq. Ft., a clear deviation from the 2,833 Sq. Ft. stated in the Agreement. This unilateral change in layout plans was not communicated to the Complainants, and it led to the Opposite Parties demanding an exorbitant additional payment of Rs.78,15,445.00.