CHARANJEET SINGH Vs. LAUREATE BUILDWELL 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. Lauraete Buildwell Pvt. Ltd. (hereinafter referred to as "the Developer"), seeking the following reliefs:

(2.) The brief facts as set out in the Complaint are that one Mrs. Madhabi Venkatraman applied on 29.08.2012 for allotment of Flat No. 7013, admeasuring 4545 sq. ft. for her residential purpose, in Nectarine Tower "PARX LAUREATE" at GH-01, 02 & 03, Sector- 108, Expressway, Noida to be developed by the Developer and paid the registration money of Rs.7,00,000/-. On 16.10.2012, an Allotment Letter was issued by the Developer to the original allottee, Mrs. Madhabi Venkatraman for the aforesaid flat after deposit of Rs.32,33,657/- out of the total sale consideration of Rs.2,47,29,405/-. It is stated that as per the Allotment Letter the possession of the flat was to be handed over within a period of 36 months from the date of Allotment Letter i.e. latest by 15.10.2015. The original allottee made payment to the tune of Rs.1,55,89,329/-, for the first seven instalments as demanded by the Developer. On 16.02.2015, after seeing the very slow pace of construction the original allottee, decided to sell the subject flat and the Complainant who was in search of a luxurious flat for his residential purpose was approached by her flat through a broker. The Complainant was assured that the possession of the said flat would be delivered on time and therefore the Complainant without physically verifying the status of the construction agreed to purchase the flat and paid an amount of 1,00,000/- as advance towards the total sale consideration of Rs.1,55,89,329/- and it was agreed that the balance amount of sale consideration would be paid on or before 15.10.2015. It was also agreed that the Complainant would pay the outstanding instalments beyond Rs.1,55,89,329/- to the Developer directly after the transfer of the flat on his name.

(3.) It is stated that the Demand Letter for instalments No. 8 and 9 were issued by the Developer and accordingly payment to the tune of Rs.21,68,694/- was made by the original allottee; that the possession was not delivered in October, 2015 as promised in the Allotment Letter; that the Complainant decided to wait for the possession and not to make any payment towards the purchase; that Mrs. Madhabi Venkatraman insisted for an agreement to sell and demanded the payment of instalments, which she had made to the Developer, she further stated that she can't wait any further and she would forfeit the earnest money and cancel the deal; that the Complainant made enquiries from the officials of the Developer, who assured the Complainant that the possession would be delivered by June 2016 and therefore, the Complainant, on 17.02.2016, entered into an Agreement of sale with the original allottee paid an amount of Rs.1,85,00,000/-. A letter dated 09.05.2016 was received from the Developer confirming the payment of Rs.1,93,70,883/- towards the purchase of the subject flat. Thereafter, the Complainant visited the site to know the status of the construction but he was denied entry to the construction site by the officials of the Developer stating security reasons and he was informed that the work is in progress and the possession would be delivered shortly. It is averred that the Complainant telephonically made inquiries from the office of the Developer regarding possession but the officials of the Developer did not bother to reply.