ALOK KUMAR Vs. GOLDEN PEACOCK RESIDENCY 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. Golden Peaclck Residency Private Limited (hereinafter referred to as "the Developer") and Homestead Infrastructure Development Pvt. Ltd. (hereinafter referred to as "the Construction Company"), seeking the following reliefs:

(2.) The brief facts as set out in the Complaint are that the Complainant was looking for a residential accommodation in Gurgaon, wherein he wants to reside after his return to India from Tokyo, Japan. The Complainant came across the advertisement of the Developer, wherein the Developer advertised residential project namely "Micheal Schumacher World Tower" in Sector 109, Gurgaon, Haryana to be constructed by the Construction Company. Lured by the advertisement and promises made by the Developer regarding the residential project namely "Micheal Schumacher World Tower" in Sector 109, Gurgaon, Haryana, the Complainant, who was residing in Tokyo and was looking for a residential accommodation in India, after his return from Tokyo booked a residential Apartment of 5450 sq. ft. vide application dated 07.08.2012 and totally paid an amount of Rs.4,12,98,926/- by 03.09.2015. The payment details are as follows:

(3.) It is averred that the Flat Buyer's Agreement was executed between the Developer and the Complainant on 19.02.2013 and as per Clause 12 of the Agreement, the possession of the Apartment was to be delivered within 36 months with additionally grace period of six months from the date of execution of the Agreement, which ended on 19.08.2016. It is also pleaded that the Complainant obtained a home loan of Rs.2,61,28,926/- from HDFC Bank Limited @ 10.10% p.a.