ASHOK KUMAR TANEJA Vs. ORRIS INFRASTRUCTURE PVT LTD

JUDGEMENT

(1.) This Complaint has been filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short "the Act") against M/s Orris Infrastructure Pvt. Ltd. (hereinafter referred to as "the Developer"), seeking the following reliefs:

(2.) The brief facts as set out in the Complaint are that the Complainant, lured by the rosy representation of the officials of the Developer and the promise of possession within three years from the date of booking, booked an Apartment in the project 'Aster Court Premier' on 14.05.2012 by paying a booking amount of Rs.4,50,000/- by cheque. On 18.05.2012, an Allotment Letter was issued by the Developer, wherein the Complainant was allotted Unit No. 601, 6th Floor, Tower-4B, in the project 'Aster Court Premier' in Sector -85, Gurgaon with a super area of 2410 sq. ft. The Buyer's Agreement was executed between the parties on 04.06.2012. It is stated that the Complainant has paid an amount of Rs.1,15,33,140/-, from May 2012 to December 2016, out of the total sale consideration of Rs.1,21,56,634/-, which construes 95% of the total sale consideration.

(3.) It is pleaded that despite having paid 95% of the total sale consideration on time, and making several requests, the Developer has failed to deliver the possession to the Complainant till the date of filing of the present Complaint. It is averred that the project is far from completion. It is pleaded that the Developer charges interest @ 18% p.a. from the allottees in case of default in payment of amounts due as can be seen from the demand letter dated 10.12.2016.