(1.) This Consumer Complaint has been filed by the complainant Atma Krishna against the Opposite Parties, Orris Infrastructure Pvt. Ltd. and another. It has been alleged in the complaint that an allotment letter dated 9.8.2012 was issued in the name of M/s. Karamchand Realtech Pvt. Ltd. by OP-1. The complainant purchased apartment from earlier allottee. The possession was to be handed over in 36 months with a grace period of six months. As per clause 11(i) of this allotment letter, the payment plan attached with this allotment letter has also been signed by OP-1. The apartment buyer agreement was signed on 4.7.2013 and as per clause 5 of the apartment buyer agreement, the possession was to be given within 36 months with a grace period of 6 months from the date of allotment of the apartment. Accordingly, the possession was to be given by February, 2016. However, the possession has not been handed over to the complainant as the building itself is not complete. Accordingly, the complaint has been filed for refund of the paid amount. The total consideration of the flat has been stated to be Rs.1,09,15,227/- and the complainant has paid an amount of Rs.63,05,205.66.
(2.) The complaint was resisted by filing the written statement by the OPs. Both the parties filed affidavit evidence in the matter. Heard the learned counsel for the parties and perused the record.
(3.) Learned counsel for the complainant stated that as per the possession clause 5 of the apartment buyer agreement, the possession was to be handed over within 36 months with a grace period of six months from the date of allotment and the allotment is dated 9.8.2012. Accordingly, the possession was due in February, 2016. The OPs have not offered the possession so far. Therefore, the request for refund has been made. Vide letter dated 30.1.2013, the OP-1 had promised that the possession will soon be handed over and all common amenities of the project alongwith the facilities will be completed by 2014. The complainant has paid a sum of Rs.63,05,205.66 and this amount is reflected in the statement of account dated 2.8.2016.