SIDHARTH GHOSH Vs. SUPERTECH LIMITED

JUDGEMENT

(1.) This consumer complaint has been filed by Sidharth Ghosh and Poulami Roy, the complainants against M/s. Supertech Ltd., the opposite parties. The complainants have alleged that they booked a ready to move in apartment under the project of the opposite party namely "Ready to move In, Spacious Luxury Apartments" unit no. 1102 in Aster 2 tower, Supertech Emrald Court, Plot No. 4, Sector 93-A, Expressway Noida, U.P. 201304. They paid Rs. 17 lakh in advance in the last week of February 2012. The possession of the flat was to be given on 30.04.2012. However, the possession was not given and then the complainants inspected the site and found that the construction was not completed and that the flat was not in a position to be handed over. It has further been alleged that the complainants were trying to get the home loan sanctioned as after the booking within 30 days, 85% of the consideration was to be paid. As the arrangements of loan took some time, the opposite party sent final demand cum cancellation notice dated 28.05.2012. Though the complainant wrote many letters to the opposite party, informing that the construction was not completed and that was likely to take some more time and in the meanwhile, the money will be arranged and paid to the opposite parties. However, the opposite party vide its letter dated 08.10.2012, sent the final demand cum cancellation notice in which it was informed to the complainant that if the outstanding amount is not paid within ten days, the allotment shall be cancelled. No further amount was paid by the complainants. As neither possession was given to the complainants nor the amount was refunded to the complainants, being aggrieved the complainants have filed this consumer complaint.

(2.) The complaint has been resisted by the opposite party by filing the written statement wherein it has been stated that as per the payment plan, 10% of the total consideration was to be paid as the booking amount and 85% of the total consideration was to be paid within 30 days. The remaining 5% was to be given only at the time of offer of possession. As the complainants paid only the booking amount and never paid the due 85% of the total consideration, there was no question of handing over the possession of the flat to the complainants. The opposite party had sent several demand notices to the complainants, however, the complainants failed to deposit 85% amount of the total consideration. Then the opposite party was compelled to cancel the allotment. It was stated as per the provision of the agreement/allotment letter, 15% of the total amount was to be forfeited if the allottee cancels the allotment or does not pay the remaining instalments. Consequently total booking amount paid by the complainants stands forfeited and the complainants are not entitled to any refund. On account of these reasons, it was requested that the complaint be dismissed.

(3.) Both the parties filed their evidence by way of affidavits, which were taken on record.