KAVITA SIKKA Vs. OASIS LANDMARK LLP & ANNR

JUDGEMENT

(1.) The present complaint has been filed by the complainant alleging deficiency in services on the part of the opposite party/ developer on various counts.

(2.) The facts of the case, as per the complainant for the disposal of the present complaint are, that the complainant is an elderly single mother and school teacher who was lured by the representation made by one of the agent of the Opposite parties, Mr Priyank Aul, and booked a residential flat on 22.06.2016, for herself in a residential group housing complex proposed to be developed by opposite party no. 2 under the name and style of 'Godrej Icon' situated at sector 88A-89A, Gurugram. In pursuance to the said booking the opposite party has issued a provisional allotment letter dated 17.01.2017 in favour of the complainant, whereby the opposite party has allotted flat/apartment no. 80803 on 8th floor in Tower 8 of the said project. The total consideration of the flat was Rs.1,62,65,360/- out of which the complainant has made a total payment of Rs.32,27,600/- in different installments as per the payment plan.

(3.) It was alleged by the complainant that the opposite party has not issued the allotment letter immediately, as per the terms of the booking form despite collecting 20% of the sales consideration, and despite repeated reminders from the complainant, which is a clear cut violation of the provisions of RERA Act. Thereafter, the complainant vide e-mail requested the officials of the OP to cancel her booking and on visiting the office of the opposite party, one Mr. Priyank Aul, who as per the complainant is the property dealer, advised the complainant not to cancel her booking and rather to sell and transfer the same to a third person in order to avoid forfeiture of 10%-20% of earnest money on getting refund of deposited amount.