AURA INFRASTRUCTURE PVT LTD Vs. RAJESH KUMAR SINGHAL

JUDGEMENT

(1.) Ia 12402/2018 (c/delay) Learned counsel for the Respondent on instructions states that he has no objection if the application for condonation of delay be allowed subject to costs.

(2.) The undisputed facts of the case are that the Respondent had booked a flat in one of the projects of M/s Aura Infrastructure Private Limited (for short "the Appellant") and entered into a Flat Buyer's Agreement dated 17.01.2008. The total sale consideration of the flat was 14,25,000/-. The Complainant had paid a sum of 13,53,750/- which was 95% of the total sale consideration.

(3.) The contention of the Respondent was that he took a loan of 8,95,000/- from PNB Housing Bank and was paying EMI of 10,300/- per month. As per the Flat Buyer's Agreement, the possession of the subject flat was to be handed over by April 2009 to the Respondent/Complainant. When the Complainant found that the Appellant had not been able to complete the project as the progress of the construction was not satisfactory, he pointed it out to the Appellant but of no avail. He thereafter, sent a legal notice dated 31.03.2011 asking for refund of the amount of 35,19,550/-. He had also contended that all along he had been staying in a rented accommodation and paying Rent of Rs.12,000/- per month. Since the subject flat was not handed over to him in time, in the Complaint the prayer made by him was to direct the Appellant to hand over the possession of the subject flat along with compensation of 21,65,800/- towards harassment and mental agony and also the costs incurred due to deficiency in service on the part of the Appellant and also another relief which the court would deem fit.