SUSHMA ASHOK SHIROOR Vs. EXPERION DEVELOPERS PRIVATE LTD

JUDGEMENT

(1.) This consumer complaint has been filed by the complainant Sushma Ashok Shirror against the opposite party Experion Developers Private Ltd. It is alleged in the complaint that the complainant had booked apartment in Windchants, Sector 112, Gurgaon, Haryana of the opposite party. The total consideration of the apartment was Rs.2,36,15,726/- and the builder buyer's agreement was signed on 26.12.2012. The complainant has paid total amount of Rs.2,06,41,379/-. As per the condition of the agreement, possession was to be given within 42 months from the approval of the plan. Thus, the possession was to be given latest by 26.6.2016. It has been alleged in the complaint that the possession has not yet been given. It has been prayed in the complaint that the opposite party may be directed to pay Rs.2,06,41,379/- along with 24% p.a. interest totalling to Rs.3,68,32,815/-. The complainant has prayed for Rs.5,00,000/- as cost of complaint. The complaint has been resisted by the opposite party by filing the written statement. Both the parties filed their evidence by way of affidavits.

(2.) Heard the Authorised Representative (AR) of the complainant and the learned counsel for the opposite party. The AR reiterated the facts given in the complaint and mentioned that the possession was due on 26.06.2016, however, no possession has been given to the complainant as yet. Hence refund has been sought because the complainant does not want to block her money with the opposite party without getting any benefit.

(3.) The Authorised Representative of the complainant stated that the said apartment was having a super area of 3,525 sq. ft. which was sold to the complainant @ Rs.5,750 per. sq.ft. Therefore, the complainant purchased the said apartment at a total price of Rs.2,36,53, 958/-. It was further stated that the opposite party in terms of clause 10(a) of the buyer's agreement had committed to the complainant that they would hand over the possession of the said apartment within a period of 42 months from the date of: