AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Sahil Sethi, Advocate, for the complainant and Mr. Rakesh Mukhija, Advocate, for the opposite parties.
Above complaint has been filed for directing the opposite parties (i) to handover possession of the apartments, to respective members of the complainant society, (ii) to pay interest @12% per annum on the amount deposited by the members of the complainant society, or in alternative (iii) to refund the amount paid by the respective members, along with interest @18% per annum, (iv) to direct the opposite parties to withdraw cancellation notices/final reminder letter issued to the concerned consumers, (v) to direct the opposite parties to provide adequate car parking spaces to the society members and refund the amount collected from them along with interest @12% per annum from the date of payment, (vi) to direct the opposite parties not to raise any additional/independent demand for advance maintenance charge, (vii) to direct the opposite parties to severally and jointly, bear the increased service tax w.e.f. 1st June, 2015, (viii) to pay Rs.50000/- as litigation cost and (ix) any other relief, which is deemed fit and proper be awarded to the complainant.
Initially the complaint was filed for the benefit of 21 sets of flat buyers. Later on, some more flat buyers have been added and at present the complaint is on behalf of 27 sets of flat buyers, whose details are given below:-
S. No.
Name of Complainant
Tower & Flat No.
Date of
Allotment & Agreement
Amount paid (In Rs.)
1
Mithlesh Mittal & Bharat Bhushan Mittal
E2-103
28.11.2012
2920515/-
2
Anup Kumar Sah
D1-604
15.05.2011
2066434/-
3
Bikash Kumar & Lakshmi Singh
B2-1601
10.05.2012
2792429/-
4
Yugal Kishore
D2F 1104
10.01.2013
3322547/-
5
Rimpi Kumari & Abhishek Kumar
E2-1101
11.05.2015
5008250/-
6
Tejbir Singh
C2-501
19.11.2012
4080500/-
7
Deepak Kumar
D2F 502
19.11.2012
4299937/-
8
Digamber Singh Rawat
B2-1403
01.11.2013
3776497/-
9
Rohit Agarwal & Babita Mittal
A-902
04.05.2012
1893660/-
10
Amandeep Singh
D2F 602
16.01.2013
4460206/-
11
Rajiv Kumar Jain & Pawan Kumar Jain
E1-1204A
16.05.2012
3810117/-
12
Neelam Mishra & Raunak Mishra
B2 1102
27.06.2011
1999192/-
13
Kavita Prasad
E1-904
24.05.2011
2736290/-
14
Ajit Kumar Agarwal & Rekha Agarwal
A-908
03.07.2012
2159011/-
15
Rajeev Kumar Sharma
D2F-302
24.04.2014
4019358/-
16
Jeetendra Mittal & Mohini Mittal
C1-1202A
04.05.2012
2856786/-
17
Vaibhav Sharma & Shubhra Singh Sharma
B2-1401
02.07.2012
2944670/-
18
Siddharta Parashar & Sneha Mishra
E1-304
24.05.2011
2984246/-
19
Deepak Gupta
E1 402
17.05.2011
2644706/-
20
Saurabh Mathuria & Monika
E1-1403
23.02.2013
4626231/-
21
Milee Srivastava & Saurabh Srivastav
D1-304
18.04.2011
2333080/-
22
Ranjit Kumar & Archana Sinha
A-1207A
12.05.2011
1372121/-
23
Hemant Singh Rawat
E1-1803
03.03.2015
4118250/-
24
Richa Srivastava & Arvind Kumar Srivastava
E1-1501
27.09.2012
4379829/-
25
Asha Upreti
E2-1103
18.06.2012
3991697/-
26
RD Sharma & Sadhna Sharma
D1-601
04.05.2012
3130425/-
27
Mukesh Chauhan & Anita Chauhan
A-306
10.05.2011
1337711/-
The complainant stated that Radicon Vedantam Flat Buyers Association was a society, registered under the Societies Registration Act, 1860, constituted with the primary object of protecting the collective interest of home buyers of group housing project ‘Vedantam’ situated at GH-IB, Sector 16C, Greater Noida, Uttar Pradesh. Radicon Infrastructure and Housing Pvt. Ltd. (opposite party-1) was a company registered under Companies Act, 1956. Jyotirmay Infracon Pvt. Ltd. (opposite party-1 is a segregated portfolio company of opposite party-1. Opposite party-1 launched a project of group housing in the name of ‘Vedantam’ in the year 2011 and made wide publicity of it. Allured with the advertisement given by the opposite party, the members of complainant booked flats during the year 2011 to 2015 and deposited substantial amount from time to time and Flat Buyer’s Agreement were executed in their favour shortly after allotment.
As per Clause 7 of the Allotment Letter, the opposite parties assured to complete the construction within a period of 36 months from the date of Booking/Sanction of Plan, but they have failed to complete the construction although the homer buyers have deposited substantial part of sale consideration with the opposite parties. On physical verification of the construction on the site, it was not likely to be completed in the near future as such the complaint was filed for aforementioned reliefs on 30.08.2018, alleging deficiency in service.
The opposite parties filed their reply and contested the case. The opposite parties did not dispute the facts relating to allotments, deposits made by the home buyers and Flat Buyer’s Agreements executed in their favour. The opposite parties stated that 36 months period for completion of the construction has to be counted from the date of sanction of layout plan and subject to force majeure. Layout plan of the project “Vedantam” was sanctioned on 13.04.2011. The opposite party applied for revised plan in respect of increased F.A.R., which was sanctioned on 18.06.2014. 36 months completed in June, 2017. The construction was completed well within time. The opposite parties applied for issue of “Occupation Certificate”. The opposite party, vide letter dated 22.05.2017, informed the flat buyers that they would be in a position to handover possession from July, 2017. Greater Noida Development Authority issued “Temporary Occupation Certificate” for Towers-E-1, E-2, D-1, B-2 and A, on 28.12.2017. The opposite parties offered possession to the flat buyers and more than 160 flat buyers have taken possession and sub-lease deeds were also executed in favour 72 flat buyers. However, some members of the complainant, instead of depositing balance amount and taking possession, malafide filed above complaint. The opposite parties also completed remaining construction and applied for issue of “Occupation Certificate” of Phase-1 on 09.04.2019.
The complainant filed Rejoinder Reply, in which it has been stated that temporary occupancy certificate has also been cancelled on 06.11.2018. The complainant filed Affidavits of Evidence of individual home buyers, on whose behalf the complaint has been filed. The opposite parties filed Affidavit of Evidence of Arpit Gautam. Both the parties filed their short synopsis.
We have considered the arguments of the counsel for the parties and examined the record. Under Clause 7 of the Allotment Letter, construction had to be completed within 36 months from the date of booking/sanction of plan from the authorities. Payment plan was “Flexi Link Payment Plan” which was linked with construction. The opposite parties realised 90% to 95% of the sale consideration from the home buyers up to 2017. According to the opposite party, plan was sanction on 13.04.2011 and revised plan was sanctioned on 18.06.2014 and 36 months was completed in June, 2014. “Temporary Occupation Certificate” for Towers-E-1, E-2, D-1, B-2 and A, issued on 28.12.2017 has also been cancelled on 06.11.2018. It is alleged that the opposite party has applied for issue of “Occupation Certificate” for Phase-1, on 09.04.2019 however, “Occupation Certificate” has not been issued. In the absence of “Occupation Certificate”, the home buyers cannot be directed to take possession. Supreme Court in Fortune Infrastructure Vs. Trevor D’Lima, (2018) 5 SCC 442, Kotkata West International City Pvt. Ltd. Vs. Devasis Rudra, 2019 (6) SCALE 462, Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan, (2019) 5 SCC 725 and Wg. Cdr. Arifur Rahman Khan Vs. DLF Southern Homes Pvt. Ltd., (2020) 16 SCC 512, it has been held that the home buyers cannot be made to wait for unlimited period for possession and directed for refund of their money.
ORDER
In the result, the complaint succeeds and is allowed. The opposite party-1 is directed to refund entire money deposited by the home buyers for whose benefits this complaint has been filed, along with interest @9% p.a. from the date of respective deposit till the date of payment, within a period of two months from the date of this judgement.