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Judgment
Subhash Chandra, Member
The present Consumer Complaint has been filed by the Complainants against Opposite Party i.e. M/S CHD Developers Ltd., in relation to the Project "106 Golf Avenue".
The facts leading upto the present Complaint are that the Complainants, on 20.09.2012, submitted their application for booking an apartment in the project called "106 Golf Avenue". The said application was accepted and an apartment bearing no. T 02-04/03 with saleable area 1511 sq. ft. and built up area 1237.620 sq. ft was allotted to the Complainants. Subsequently, on 26.12.2012, the Apartment Buyer's Agreement was executed between the Opposite Party and the Complainants. The total sale consideration of the apartment as per the agreement was Rs.73,28,350/- out of which an amount of Rs.80,58,029/- had been paid. As per the agreement, the possession of the apartment was supposed to be handed over within a period of 42 months from the date of execution of the agreement, with an additional grace period of 6 months. The stipulated date of delivery was therefore 25.12.2016, however, the Opposite Party failed to deliver possession by the said date.
Aggrieved by the actions and inactions of the Opposite Party, the Complainant is before this Commission with following prayer:-
"A. Direct opposite party to refund to the complainant the amount deposited by it with opposite party amounting to Rs.80,58,029/- along with compensation in the form of simple interest @ 18% interest per annum from the date of deposit till the date of actual refund.
B. Direct opposite party to pay to the complainant the cost of the current proceedings.
C. Direct opposite party to pay to the complainant an amount of Rs.20,00,000/- on account of mental harassment and agony.
D. Pass any such further order or orders which this Hon'ble Commission deems fit and proper in the facts and circumstances of the present case. "
We have heard the learned Counsel for the Complainants and perused the records. It was contended by the learned Counsel for the Complainants that the Opposite Party has materially violated their contract by failing to hand over possession within the stipulated time period. It was further argued that the present case is covered by the decision of this Commission in the case of CC/3775/2017. It was stated that the present matter pertains to the same project as in the aforementioned decision, and that the Complainants in the present matter have prayed for identical reliefs. No one appeared for the Opposite Party during the stage of Final Hearing.
In CC/3775/2017, the Complainant entered into an Apartment Buyer's Agreement with M/S CHD Developers Ltd. (the OP herein), in the project "106 Golf Avenue", on 31.01.2013 and was allotted Apartment No. T01-09/03 admeasuring 1342 sq. ft. The Complainant paid an amount of Rs.1,04,50,559/- and the promised date of delivery was 30.07.2016. Since the possession was not given by the due date, the Complainant was constrained to file a complaint before this Commission. It is pertinent to mention here that the objections taken by the OP were identical to the objections taken by the OP in the present matter.
In the aforementioned case, this Commission was pleased to reject the contentions of the Opposite Party and directed the Opposite Party to refund the amounts paid with interest @ 12% p.a. from the respective dates of deposit till the date of realization together with costs of Rs.25,000/-.
From a perusal of record of the present case, it is observed that the facts of the case as well as the contentions raised by the Opposite Party are squarely covered by the decision of this Commission in CC/3775/2017 and therefore, this Commission is pleased to pass the following order: -
This Complaint is allowed in part and the Opposite Party is directed to refund the amounts paid with interest @ 12% p.a. from the respective dates of deposit till the date of realization together with costs of Rs.25,000/- to be paid to the complainant within a period of four weeks from the date of receipt of a copy of this order, failing which the amount shall attract interest @ 14% p.a. for the same period.