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Judgment
Heard Mr. Saurabh Jain, Advocate, for the complainant and Mr. Rohit Gupta, Advocate, for the opposite party.
Manish Garg (the complainant) has filed above complaint, for directing the opposite party to return his principal amount of Rs.5849261/- with interest @18% per annum from the date of respective deposit till the date of refund and any other relief which is deemed fit and proper in the facts and circumstances of the case.
The complainant stated that Ansal Crown Infrabuild Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects and selling its units to the prospective buyers. The opposite party launched a group housing project, in the name of “Ansal Crown Heights” at Sector-80, Faridabad, in the year 2012 and made wide publicity of the rosy pictures of the project and the amenities. One M/s. Rainbow Education Pvt. Ltd. (the predecessors-in-interest of the complainant) booked one 3BHK flat on 20.11.2012 and deposited booking amount. The opposite party allotted Flat No.1104, Tower-4, approx. super area 1788 sq.ft. in project “Ansal Crown Heights”, and executed Apartment Buyer’s Agreement dated 22.02.2013 in its favour. M/s. Rainbow Education Pvt. Ltd. transferred the above flat to the complainant on 05.04.2013. The opposite party acknowledged the transfer of Flat No.1104, Tower-4 approx. super area 1788 sq.ft. in project “Ansal Crown Heights”, for Rs.2541824/-, vide letter dated 05.04.2013 and also endorsed the transfer in Apartment Buyer’s Agreement. Payment Plan was “Construction Link Payment Plan”. As per demand, the complainant deposited about 90% of the sale consideration till March, 2015. Clause-4 of the agreement provides that possession would be handed over within 36 months from the date of execution of the agreement. Due date of possession expired on 22.02.2015 but the opposite party failed to complete the project and offer possession to the complainants. The complainant used to inquire about possession from time to time. But all the times the opposite party gave tentative date but failed to meet deadline. The complaint was filed on 06.05.2019, alleging deficiency in service.
The opposite party filed its reply on 02.09.2019 and contested the complaint. The material facts relating to the project, allotment/ transfer of the flat, execution of Apartment Buyer’s Agreement dated 22.02.2013 and deposits made by the complainant have not been disputed. The opposite party stated that Clause-4 of the agreement was subject to timely payments of the instalments and force majeure reasons. Directorate of Town and Country Planning took unreasonable time in renewal of Licence No.226 of 2007 dated 18.09.2007, for which application was moved on 19.10.2009 and renewal was granted on 12.03.2013. Then again application for renewal was moved on 21.09.2017 and granted on 30.04.2018. The building plan, initially sanctioned was valid till 07.12.2014, which was revalidated on 26.06.2015. The construction work was assigned to M/s. CRS Infra Projects Limited vide letter of intent dated 14.03.2011, who agreed to complete the construction within 24 months. M/s. CRS Infra Projects Limited raised various disputes as such its assignment was cancelled and new letter of intent dated 05.11.2012 was executed in favour of M/s. Pyarelal Harisingh Builders Pvt. Ltd. Then M/s. CRS Infra Projects Limited started creating hindrance in the work of new contractor. Thereafter, the opposite party granted construction contract to M/s. Radha Laxman Contracts on 31.01.2013. Majority of the allottees committed default in payment of instalments and about Rs.120105488/- had become due. The opposite party applied for a loan of Rs.20/- crores from Vijaya Bank, which was rejected on 16.08.2016. Out of total 10 towers, the construction was started for 8 towers and completed construction of 4 towers. Directorate of Town and Country Planning demanded Rs.10.5 crores as an additional demand of Enhanced External Development Charges, which has been challenged before High Court of Punjab and Haryana. Force majeure reasons stated above require extension of the period of 36 months as provided in the agreement. The complaint is liable to be dismissed.
The complainant filed Rejoinder Reply on 17.09.2021, in which, the facts stated in the complaint were reiterated. The complainant filed Affidavit of Evidence and Affidavit of Admission/Denial of documentary evidence of Dinesh Garg. By order dated 25.01.2019, the opposite party was granted time for filing evidence. The opposite party filed Affidavit of Evidence of Vishal Sehgal. The complainant filed written synopsis.
We have considered the arguments of the parties and examined the record. The opposite party executed Apartment Buyer’s Agreement dated 22.02.2013, in favour of the predecessor-in-interest of the complainant, in respect of Flat No.1104, Tower-4, approx. super area 1788 sq.ft. in project “Ansal Crown Heights”. Payment Plan was “Construction Link Payment Plan”. As per demand, the complainants deposited 90% of sale consideration till February, 2015. Due date of possession expired in February, 2015. The opposite party has stated that construction of Tower Nos.7, 8, 9 and 10 were completed. The construction of tower-4 has not been completed till today. Supreme Court in Bangalore Development Authority Vs. Syndicate Bank, (2007) 6 SCC 442, Fortune Infrastructure Vs. Trevor D’Lima, (2018) 5 SCC 442 and Kolkata West International City Pvt. Ltd. Vs. Devasis Rudra, 2019 SCC OnLine SC 438, held that a home buyer cannot be made to wait for possession of the flat for indefinite period.
ORDER
In view of aforesaid discussions, the complaint is partly allowed. The opposite party is directed to refund entire amount deposited by the complainant, including the amount deposited by their predecessors-in-interest, with interest @9% per annum from the date of respective deposit till the date of payment, within a period of two months from the date of this judgment.