AMIT SONI Vs. UMANG REALTECH PRIVATE LIMITED

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. Umang Realtech Pvt. Ltd., having its office at B-72, 7th Floor, Himalaya House, Kasturba Gandhi Marg, New Delhi-110001 and M/s. Janpriya Buildestate Pvt. Ltd., having its office at S-39A, Panchsheel Park, New Delhi, seeking the following reliefs:

(2.) The brief facts as set out in the Complaint are that the first Opposite Party after obtaining license No. 67 of 2011 dated 16.07.2011 from the Director, town and Country Planning Haryana, launched a project by the name of "Winter Hills 77" in Sector 77, Tehsil and District Gurgaon, Haryana. It is stated that the project was widely advertised and lured by the advertisements, the buyers/ allottees approached the office of the first Opposite Party to inquire about the project and on the basis of the representations and promises made by the officials of the first Opposite Party, on 11.06.2012, one Mr. Rajendra Bareto applied for an Apartment in the project. An Apartment Buyer's Agreement was entered into between the original allottee, Mr. Rajendra Bareto and the Opposite Parties on 17.08.2012 for Apartment No. 1004, 10th Floor in Tower E of 1735 sq. ft. of the project for a total sale consideration for Rs. 90,33,125/-. It is averred that the promised date of delivery as per Buyer's Agreement was 36 months from the date of Agreement. It is averred that the Complainants in search for a house for the purpose of residence after seeing the lucrative advertisements approached the desk office of the first Opposite Party. The officials of the first Opposite Party introduced them to brokers who informed the Complainants about the houses for resale by original allottees. The Complainants approached the first Opposite Party seeking information about the status of the construction and the Opposite Party assured that the construction will be completed within time and the houses will be ready within the promised time as per Buyer's Agreement. On the assurances, the Complainants decided to purchase the Apartment and paid the sale consideration to the original allottee. On 05.07.2013, the first Opposite Party was informed about the transfer who acknowledged the same and after payment of transfer charges transferred the subject Apartment in the name of the Complainants.

(3.) It is averred that the Complainants paid regular instalments including service tax and interest on delay payment @ 15% to 18% p.a. It is averred that some clauses of the Agreement are one-sided. It is averred that as per Clause 7.1 of the Apartment Buyer's Agreement, the possession was to be delivered by 31st December, 2015 but till the date of filing of the Complaint, the same was not delivered. It is averred that the Complainants have paid a sum of Rs. 83,09,860/- as per demands made by the first Opposite Party from time to time. It is pleaded that despite collecting substantial amounts from the Complainants and despite repeated requests through letters, emails, phone calls and personal visits, the Opposite Parties have failed to deliver the possession of the house till the date of filing of the Complaint. It is further averred that the Complainants had purchased the Apartment for specific purpose of residence for their family and themselves and are suffering severe financial losses and mental agony.