ANISH SINGHAL Vs. JAIPRAKASH ASSOCIATES LTD

JUDGEMENT

(1.) This Complaint has been filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short "the Act") against Jaiprakash Associates Ltd., seeking the following reliefs:

(2.) The brief facts as set out in the Complaint are that the Complainant's mother Mrs. Anita Singhal applied for purchase of an Apartment No. 2302, Tower No. 8, in the Project 'Kalypso Court' being developed by the Opposite Party in Sector 128 Noida, Gautam Budh Nagar, Uttar Pradesh and paid a sum of Rs.8,45,000/- as Application money on 07.05.2012. On 09.06.2012, a Provisional Allotment Letter was issued by the Opposite Party, wherein the Complainant's mother was allotted an Apartment with Unique Customer ID No. JGNKLP082302 with super area of 221.10 sq. mtrs. (2380) sq. ft. for a total sale consideration of Rs.1,75,71,700/-. It is averred that the promised date of delivery was 36 months from the date of the Allotment Letter dated 09.06.2012, but possession has not been delivered till date. It is stated that on the joint Application of the Complainant and his mother, the Apartment was transferred in the name of the Complainant on 19.09.2013. It is averred that the Complainant got sanctioned a home loan of Rs.83,04,007/- from ICICI Bank Limited @ 10.65% p.a. interest, which amount was paid to the Opposite Party and that the Complainant has paid a sum of Rs.1,57,17,029/- from 21.0.5.2012 to 25.06.2014 which constitutes 83% of the total sale consideration in the following manner:

(3.) It is pleaded that despite collecting substantial amounts from the Complainant and despite repeated requests, the Opposite Party has failed to deliver the possession of the house till the date of filing of the Complaint and that as per Clause 7.2 of the Application form, the Opposite Party is liable to pay holding/ delay charges @ Rs.10/- per sq. ft. per month for the delayed period. It is further pleaded that the Opposite Party is also liable to pay Rs.40,000/- per month for loss of rent.