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Judgment
The complainant applied to the OP - Ireo Grace Real-Tech Pvt. Ltd. for allotment of a residential flat in a project which the OP was to develop in Gurgaon and deposited a sum of Rs.10 lakhs along with the application. The OP sent a letter dated 7.8.2013 to the complainant offering allotment of a residential apartment No.CD-B1-01-102 in the said project known as "The Corridors". The following was the payment plan annexed to the said letter dated 7.8.2013:-
"Instalment Payment Plan
Sl. No.
Linked Stages
%
Total
1
At the time of booking
10% of basic
1778564.00
2
With 45 days of booking
10% of basic
1778564.00
3
Commencement of excavation
10% of basic+25% of PLC+50% of development charges
2666815.72
4
Casting of lower basement roof slab
10% of basic+25% of PLC+50% of development charges
2666815.72
5
Casting of 2nd floor roof slab
10% of basic+25% of PLC
2356598.10
6
Casting of 5th floor roof slab
10% of basic+25% of PLC
2356598.10
7
Casting of 8th floor roof slab
10% of basic+50% of club membership
1903564.00
8
Casting of 11th floor roof slab
10% of basic
1778564.00
9
Casting of top floor roof slab
10% of basic
1778564.00
10
On completion of stone/tile flooring in apartment
5% of basic+50% of club membership
1014282.30
11
On offer of possession
5% of basic +100% of IFMS + 100% of IBRF
1173095.80
Total
21252028.74"
Admittedly, the complainant did not make any payment to the OP on receipt of the said letter dated 7.8.2013. Vide letter dated 14.1.2016, the OP cancelled the allotment which it had made to the complainant, on the ground of non-payment of a sum of Rs.19052526/- and the entire amount of Rs.10 lakhs paid by her was forfeited. Being aggrieved, the complainant is before this Commission by way of this consumer complaint.
The learned counsel for the complainant states that the OP did not have the requisite approvals at the time the booking was made and that was the reason the complainant did not make balance payment to the OP. Clauses 4, 5 and 6 of the application submitted by the complainant to the OP, reads as under:-
"4. I/We acknowledge and declare that the Company has readily provided me/us with all the information/clarifications as required by me/us and I/we have not relied upon and nor been influenced by any architects' plans, sales plans, sale brochures, advertisements, representations, promises or any other information except what is stated specifically in this Application and l/we have relied solely on my/our own estimation in deciding to make the present Application for the prospective purchase of the aforesaid Apartment.
I/We have also gone through and read the key indicative terms and conditions listed out in Schedule-l (which shall form and be read as an integral part of this Application), as condensed from the proposed Apartment Buyer's Agreement. I/We understand that these are merely indicative and conveyed herein in a condensed form for the purpose of broadly acquainting me/us with the principles underlying some of the essential terms and conditions for the proposed transfer of the Apartment. l/We further understand and agree that the actual terms and conditions contained in the Apartment Buyer's Agreement would be more comprehensive and elaborate. l/We further agree that the Company may at its sole discretion elaborate, add to, amend, modify, or delete from these terms and conditions in the Apartment Buyer's Agreement.
I/We declare that I/we have fully satisfied myself/ourselves about the right, title and interest of the Company and its Associate/Group Companies with respect to the land on which the proposed The Corridors project is to be constructed as well as the approvals/consents/sanctions/license granted by the DTCP and/or any other government authority as required and the competency of the Company and its Associate/Group Companies to-develop and sell the aforesaid Apartment. I/We have understood all the limitations and obligations of the Company with respect to the same."
If the complainant was not satisfied with the information which had been made available to her, she ought not to have booked the apartment with the opposite party. The learned counsel for the complainant states that the licence for development of the colony was issued to the OP on 21.2.2013 whereas the building plan was approved on 23.7.2013. He further states that the cheque given by the complainant to the OP was encashed on 13.4.2013. It is therefore evident that the payment from the complainant was realized only after the requisite licence had already been issued to the OP. As far as the building plans are concerned, the application does not indicate that the OP had represented to her that they had already got the building plans approved. Nothing prevented the complainant from insisting upon the approval of the building plans before booking the apartment with the OP. Having not insisted upon the approval of the building plans before making payment to the OP, the complainant cannot be allowed to withhold further payment on the ground that the building plans had not been approved by the time the payment was released from her.
The second paragraph of the application clearly shows that the amount of Rs.10 lakhs was to be treated as non-refundable booking amount. Clause 7 of the application made it more than clear that the said amount was non-refundable in case the complainant decided to withdraw her application or did not accept the allotment made by the company or did not make payment of the due instalments as per the payment plan. Therefore, the OP, in my opinion, was justified in forfeiting the initial booking amount/advance of Rs.10 lakhs paid by the complainant to the opposite party. The complaint being devoid of any merit is hereby dismissed, with no order as to costs.