KANT KUKRETI Vs. SS GROUP PVT. LTD

JUDGEMENT

(1.) IA 17167 of 2019 (condonation of delay in filing evidence) Not opposed. Allowed. Complaint Final arguments are heard.

(2.) The present complaint has been filed by the complainant against the opposite parties alleging that they have failed to fulfill the terms and conditions of the agreement. It is submitted that complainant had booked a unit in the project of the opposite party known as 'The Leaf' Residential Complex, SS City, Sector-85, Gurgaon. An allotment letter dated 10.09.2012 was issued to the complainant and apartment no.21 A, Tower 3 in the said project which is 2 BHK + PR having super area of 1620 sq. ft. (approx.) in Tower-3 was allotted to him. The first payment towards the said apartment was made in as early as February 2012. However, the flat buyer's agreement was executed on 27.03.2014 and as per the said agreement, the payments towards the consideration were construction linked. It is submitted that a sum of Rs.57,15,614/- had been paid by the complainant through cheques and demand drafts on various dates. The construction was to be completed within 36 months with grace period of 90 days, yet till date construction is not completed. On these contentions, it is submitted that opposite party be directed to refund his deposited amount with interest on it @ 18% per annum, till its realization. A sum of 10 Lakhs towards escalation cost and 2 Lakhs be awarded towards undue hardship and injury both physical and mental alongwith litigation expenses of 1,00,000/- It is submitted that this Commission has the jurisdiction since value of the flat was more than rupees one crore.

(3.) The claim is contested by the opposite party. Besides other contentions, a preliminary issue was raised that this Commission has no jurisdiction since the complainant has sought the refund of its amount which is less than rupees one crore. On merits, it is submitted that there was no deficiency in service on their part since it is the complainant who had failed to pay the instalments in accordance with the payment plan, which has resulted delay in construction of the unit.