MANISH DHAWAN Vs. DREAM HOME INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) The complainant booked a residential apartment with the OP Dream Home Infrastructure Pvt. Ltd. in a project namely 'Heritage Max', which the OP was to develop in Sector-102 of Gurgaon. The booking application was submitted on 11.09.2012. Vide allotment letter dated 20.09.2012, Unit No.B-2104 in the aforesaid project was reserved for the complainant. The complainant paid a booking amount of Rs.7 lacs to the OP on 04.09.2012 for which a receipt dated 22.09.2012 was issued to him. The aforesaid payment was followed by further payments. The parties then executed an agreement dated 12.03.2013 incorporating their respective obligations in respect of the aforesaid allotment. In terms of clause 18(a) of the Agreement, the construction was to be completed within 42 months of its start or from the date of execution of the Agreement, whichever was later, followed by a grace period of six months, subject of course to payment of the balance sale consideration as per the schedule of payment, which was Annexure-5 to the Agreement. The construction, it appears, started before the execution of the Agreement and therefore, in terms of Clause 18 referred hereinabove, the possession had to be delivered latest by 12.03.2017 after giving benefit of the grace period to the OP.

(2.) Vide letter dated 15.04.2017, the OP requested the complainant to make payment mentioned therein in order to enable them to hand over possession of the allotted flat to her. The OP had applied for the grant of the Occupancy Certificate on 03.10.2016, much before the aforesaid letter came to be issued and the Occupancy Certificate was obtained by it on 03.04.2017. Thus, the aforesaid demand letter was issued after receipt of the Occupancy Certificate. Instead of making payment in terms of the aforesaid letter, the complainant approached this Commission on 16.05.2017 seeking refund of the amount paid by her to the OP or in the alternative, immediate possession of the allotted house with compensation etc.

(3.) The complaint has been resisted by the OP which has admitted the allotment made to the complainants as well as the agreement executed with them. They also admitted having received Rs.1,15,19,788/- from the complainants. It is stated in the written version that the complainants have failed to make payment of the balance amount which comes to Rs.71,65,130/- as on 13.07.2017.