SUMITESH ANAND Vs. IMPERIA STRUCTURES LTD.

JUDGEMENT

(1.) The Complainants had booked a unit/flat measuring super-area 1650 sq. ft., with covered parking and remitted a sum of Rs.5,44,500/- by way of cheque bearing no. 791781 dated 30.11.2011 drawn of S.B.I. Jacob Circle, Mumbai, towards the booking amount of the said unit with the Opposite Parties. The Opposite Parties got an Apartment Buyer's Agreement signed by the Complainants for the allotment of Apartment No. D-1803, having a super area admeasuring 153.34 sq. meter (1650 sq. ft. approximately) located on 18 th floor in D-Block and for allotment of a covered parking space.The basic sale price demanded by the Opposite Parties for the aforesaid allotment of Flat was Rs.54,45,000/- and total price of Rs.72,38,750/-.According to the Complaint, a total sum of Rs.16,61,542/- was paid on the date of signing of the Apartment Buyer's Agreement. As per clause 10.1 of the Apartment Buyer's Agreement, the Opposite Parties assured the Complainants that the entire construction shall be completed and possession would be given within a period of 3 years from the date of execution of the said Agreement, lest the Opposite Parties vide clause 11.4, shall refund the amounts paid with interest @9% p.a. The Complainants sought to know by various e-mails, the exact position of construction of the flat, but each time the officials of the Opposite Parties avoided answering the status of construction and instead demanded money from the Complainants, in order to put undue pressure on them. The Complainants availed home loan from S.B.I. to a tune of Rs.57,91,000/- and paid Rs.56,12,388/- to the Opposite Party.Though the Complainants paid substantial amount, the Opposite Parties did not raise the construction as per their promise and assurance, which caused immense mental tension, pain and agony to the Complainants and their family members.Aggrieved by their inaction, the Complainants sent a mail dated 03.06.2016 informing them that the first installment was received by them on 10.02.2011, besides booking amount on 30.11.2011 but the Opposite Parties have delayed the project and signed the agreement only on September, 2012. The Complainants further informed that they had been paying interest to the bank as per the schedule of payment from their hard earned money and despite lapse of more than 4 years 5 months there was no hope of getting possession of the allotted flat. The Complainants served a legal/demand notice dated 13.08.2016 calling upon the Opposite Parties to pay the Complainants a total sum of Rs.72,67,532/- alongwith interest @24% per annum and a sum of Rs.20,00,000/- against compensation for causing mental tension, pain and agony.The legal notice was duly received/acknowledged by the Opposite Parties but they did not prefer to send any reply complying with the demand of the Complainants. Hence, the Complaint was filed.

(2.) Alleging deficiency on the part of Opposite Parties, Complainantsfiled a Complaint before this Commission under Section 21 of the Consumer Protection Act, 1986, praying relief as under:-

(3.) Direct the Opposite Parties to refund the entire amount of Rs.72,67,532/- along with interest @24% per annum w.e.f. the date of termination of agreement, vide email dated 03.06.2016 till the date of filing of the present Complaint amounting to Rs.8,72,103.84/-.