PRATIBHA BHALLA & ANR Vs. VATIKA LTD

JUDGEMENT

(1.) This complaint has been filed by the complainants, Pratibha Bhalla and another against the opposite party, Vatika Ltd. The brief facts of the case are that complainants booked a 4 BHK flat in OP Housing Project namely "Sovereign INXT" at Sector-82, Gurgaon, Haryana. The total consideration of the flat was Rs.2,57,00,050/- apart from the other charges. Flat No. B-302 was allotted to the complainants and Builder Buyer Agreement was executed on 11.6.2013. As per one of the clauses of the agreement, within 4 years 6 months possession of the flat was to be delivered from the date of execution. It was alleged that these terms were different from the terms of the application form. On 6.6.2016, OP agreed to provide an alternative flat in the project "INXT" for a total sale consideration of Rs.1,13,00,000/- and the same was accepted by the complainants. They were allotted unit No.21 at H-11 Street which was to be delivered by 15.1.2017 and copy of the Builder Buyer Agreement was dispatched at the postal address of the complainants. It was found by the complainant that in the Builder Buyer Agreement there was no provision of servant room. After some correspondence etc. , OP finally admitted that there was no provision of servant room in the flat allotted to the complainants. Accordingly, the complainant, filed the present complaint for refund of the amount of Rs.64,32,087.87 paid by the complainants to the OP.

(2.) The OP resisted the complaint by filing the written statement and stated that as the complainants were not ready to wait till the completion of the booked flat as per the Builder Buyer Agreement, the OP gave them various choices of the flats which could be handed over much earlier. The complainants agreed to take Flat No. 21 at H-11 for a consideration of Rs.1,13,00,000/-. There was no requirement of the complainants for a servant room, however on the pretext of the non-availability of servant room, the complainants are seeking refund. The refund can only be allowed as per the conditions of the Builder Buyer Agreement. on these grounds, it was requested to dismiss the complaint.

(3.) Both sides adduced their evidence by way of affidavits.