VISHAL GUPTA Vs. IMPERIA STRUCTURES 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. Imperia Structures Ltd. (hereinafter referred to as "the Developer"), having its office at A-25, Mohan Co-operative Industrial Estate, New Delhi-110044, seeking the following reliefs:

(2.) The brief facts as set out in the Complaint are that the Developer launched a housing project known as "Esfera" in in Sector 37-C, Gurugaun, Haryana. It is stated that the project was widely publicised by the Developer and lured by the advertisements, the Complainants on 19.01.2012 booked an Apartment for their personal use having its total super area measuring 2400 sq. ft. It is averred that all the necessary approvals have been obtained from the competent authorities. The Apartment Buyers Agreement dated 02.07.2013 was executed between the Complainants and the Developer, wherein Apartment No. 603, 6 th floor in Tower 'B' was allotted to the Complainants with the total sale consideration of 1,02,57,200/-, out of which the Complainants have paid an amount of 92,61,507/- including service tax towards major part of the sale consideration on the due dates as and when demanded by the Developer without any delay. It is averred that the Developer had intentionally and deliberately delayed the execution of the Builder Buyer Agreement dated 02.07.2013 for one and half years, therefore the period of 42 months for handing over of possession ought be taken from the date of booking i.e. 19.01.2012 and not from the date of execution of the Builder Buyers Agreement.

(3.) It is averred that vide email dated 12.07.2017, the second Complainant enquired about the status of the construction from the Developer, but there was no response. It is stated that the Complainants have paid all their instalments on time and paid almost 95% of the total sale consideration despite the fact that the super structure of the tower was not ready. It is further averred that the Developer has demanded interest from the Complainants @ 18% p.a. vide demand letter dated 06.05.2017. On 05.06.2017, the Complainants issue a legal notice to the Developer for withdrawal of the interest demanded. Thereafter, instead of withdrawing the said demand the Developer sent another demand notice dated 02.08.2017.