RAMKRISHNA SHARAD Vs. WAVE-MEGACITY CENTER 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. Wave-Megacity Centre 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 Complainants, residents of Nagpur, Maharashtra, were looking for a residence for their son and came to know about the project "Serviced Residences" in Wave City Centre, at Plot No. CC-001, Sector 25A & 32, Noida. Thereafter, the Complainants contacted the representatives of the Developer, who assured them that the Developer had all the rights over the land and obtained all necessary permissions. Believing the assurances made, the Complainants applied for a Flat and were allotted Flat No. HRT-1 TR-H2702 in the month of November, 2012. Thereafter based on the representations made by the officials of the Developer, the Complainants opted for change of Flat to Flat No. HRT-1 TR-H2402 and accordingly Flat No. 2402, Tower-R, in Block Trucia (2D) having super area of 2066.03 sq. ft., was allotted to the Complainants.

(3.) It is averred that the Agreement was executed between the parties on 12.12.2012; that the Agreement was a printed format and there was no scope for any alteration of any of the terms of the Agreement and the Complainants were made to sign on the dotted lines of the Agreement despite some of the clauses being one sided and unfair; as per Clause 5.1 of the Agreement, the possession of the Flat was to be delivered within 48 months with additional grace period of six months from the date of execution of the Agreement, which ended on 11.06.2016. It is averred that the Complainants opted for a construction linked payment plan and till date paid an amount of Rs.64,20,014.81 paise as per various demands made by the Developer. The payment details are as follows: