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Judgment
Heard counsel or the complainants. Today, nobody appears for the opposite party.
Above complaint has been filed for directing the opposite party to (i) complete the construction and hand over possession of the Floor no. B558 GF in “Sovereign Floor Esencia”, Sector-67, Gurgaon within three months, (ii) compensate the complainants as per clause 5.4 of the agreement dated 29.08.2011 @Rs.10 per sq. ft. of the super area of the dwelling unit per month for the period of default from the date of default i.e. 29.08.2014 till the actual handing over of the possession, (iii) pay loss of rent @ Rs.32000/- per month from 29.08.2014 till the actual delivery of possession of the dwelling unit and loss of rebate in the income tax as incurred by the complainants, (iv) pay a sum of Rs.5000000/- on account of harassment, inconvenience, mental torture, pain, agony and deficiency of service caused to the complainants along with interest @18% per annum from the time of filing of the present complaint, (v) award cost of the present proceedings, award future interest on the amounts awarded @18% per annum till date of payment, and (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case.
The complainants stated that Ansal Phalak Infrastructures Pvt. Ltd. (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a project in the name of “Sovereign Floors”, at Alba, Escencia, village Badshahpur, Sector-67A, Gurgaon, Haryana in the year 2011 and made wide publicity of its facilities and amenities. Allured with the promises of the opposite party, the complainants booked a flat on 11.05.2011 and deposited the booking amount. The opposite party issued an allotment letter dated 11.05.2011 allotting Unit no. E-2208GF, area 2491 sq. ft. Later on, Floor Buyer Agreement was executed on 29.08.2011, in which, mentioning total consideration as Rs.9356200/-. As per clause 5.1 of this Agreement, possession had to be delivered by the opposite party, complete in all respects, within a period of 30 months from the date of the execution of the agreement with grace period of six months. Payment plan was ‘construction linked payment plan”’. As per the demand, the complainants deposited total amount of instalment. The opposite party vide letter dated 04.11.2014, informed that construction of the tower in which the complainants were allotted floor was not started and the opposite party unilaterally changed the floor of the complainants to Floor No.B-558-GF. The complainants, vide letter dated 23.08.2015, inquired about date of possession of Floor No.B-558-GF but the opposite party did not respond. Then the complaint was filed on 26.05.2016.
The opposite party filed written reply on 22.07.2016 and contested the complaint. The complainants filed Rejoinder Reply and Affidavit of Evidence of Raman Bindlish. The opposite party filed Affidavit of Evidence of F.N. Rai. Both the parties filed their written synopsiss. The opposite party filed IA/8057/2022, seeking to refund entire amount to the complainants with interest @9% per annum. Notice of this IA was issued to the complainants but they do not propose to file any reply to this IA.
We have considered the arguments of the counsel for the complainant. The opposite party allotted unit in question to the complainant on 11.05.2011 and thereafter executed Flat Buyers Agreement in favour of the complainant on 29.08.2011. Clause 5.1 of the agreement provides 30 months period for offer of possession from the date of the agreement and further a grace period of six months. The period of thirty six months expired on 29.08.2014 but the opposite party is not in a position to complete the construction or deliver the possession. The opposite party is willing to refund money with interest.
ORDER
In the result, the complaint is partly allowed with cost of Rs.50000/-. The opposite party is directed to refund the entire amount deposited by the complainants along with interest @9% per annum from the date of respective deposit till the date of refund, within a period of two months from today.