1.      Heard Mr. Sushil Kaushik, Advocate, for the complainant.

2.      Jatin Mohan Arora has filed above complaint, for directing the opposite parties to (i) refund entire amount deposited by the complainant with interest @18% per annum from the date of deposit till the date of refund; (ii) pay Rs.500000/-, as compensation for mental agony and harassment; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.      The complainant stated that the opposite parties were companies, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite parties launched a group housing project, in the name of “Pedestal” at village Palra, Sector-70-A, Gurgaon, in the year 2012 and made wide publicity of its facilities and amenities. Believing upon the representation of the opposite parties, the complainant booked a flat on 26.07.2013 and deposited booking amount. The opposite parties allotted Unit No.D-61-B-SF, super built up area 1080 sq.ft. total consideration of Rs.9296997/-on 07.02.2014 and executed Floor Buyer’s Agreement dated 10.02.2014, in his favour. The complainant paid total Rs.3716611/- till 19.02.2014, for which, he also took loan of Rs.20/- lakhs from HDFC Bank, which was directly disbursed to the opposite parties on 19.02.2014. Clause-5.1 read with clause-1.4 of the agreement provides 36 months period from the date of the agreement with grace period of six months for delivery of possession. 36 months period expired on 10.02.2017 but the construction was not completed. The complainant used to take up dates of the construction through telephone then some vague reply used to be given by the opposite parties. The complaint came to know through some broker that the construction would likely to be completed till September, 2019. Due to unreasonable delay in handing over possession, the complainant is suffering hardship as he was paying EMI on home loan and also paying rent for his residence. The complaint was filed on 27.09.2017, alleging deficiency in service.             

4.      The opposite parties have filed its written reply on 03.01.2018 and contested the matter. The opposite parties stated that terms and conditions were incorporated in the application form and known to the complainant from very beginning. The complainant paid Rs.5/- lakhs on 26.07.2013, Rs.4/- lakhs on 06.08.2013. The complaint gave a cheque of Rs.45558/- 10.09.2013, which was dishonoured. The complainant has concealed material facts that he had booked the flat under subvention scheme, under which, the opposite parties are paying Pre-EMI interest and have already paid Rs.831884/- towards interest. After grant of development licence, the dispute relating to land acquisition was created by the land owners. The opposite parties represented Government of Haryana for early settlement of land dispute but it was abysmally delayed for 3 years, due to which construction of sector road was delayed. Resultantly construction of Master Sewer line, Master Storm Water Drains, Master Water Line and Master Electricity Lines were delayed. The opposite parties in order to supply building materials up to the project, developed service lane at its own expense. Under the agreement, adequate compensation has been provided for delayed possession. Otherwise also the opposite parties are paying Pre-EMI interest. The opposite parties are entitled for extension of period for which, the construction was delayed for force majeure reasons. It has been denied that the opposite parties have committed any unfair trade practice. The complainant has claimed exorbitant interest which shows that he is not a consumer rather investor. The complaint has been filed on false allegations and is liable to be dismissed.          

5.      The complainant has filed Rejoinder Reply, Affidavit of Evidence and Affidavit of Admission/Denial of documents of Jatin Mohan Arora. The opposite party has filed Affidavit of Evidence of Inderjeet Singh and documentary evidence. Along with Affidavit of Evidence, the opposite parties have filed copies of various emails through which, the complainant was given updates of the construction time to time and copy of letter dated 09.03.2020, offering possession to the complainant. The complainant filed his written synopsis.

6.      We have considered the arguments of the counsel for the complainant and examined the record. Clause-5.1 read with Clause-1.4 of the agreement provides 36 months period from the date of the agreement with grace period of six months for delivery of possession. 36 months period expired on 10.02.2017 and six months grace period expired on 10.08.2017. Possession was offered through letter dated 09.03.2020. There was unreasonable delay in offer of possession. The opposite parties have taken plea of force majeure for delay in construction but no evidence in this respect has been produced. There is no evidence to prove that the construction was actually stopped for force majeure. The counsel for the complainant informed that after offer of possession on 09.03.2020, when the complainant had not taken possession, then his allotment was cancelled by the opposite parties during pendency of the complaint, which has been filed for refund.

ORDER

In view of aforesaid discussions, the complaint is partly allowed. The opposite parties are directed to refund the entire amount deposited by the complainant with interest@9% per annum from the date of respective deposit till the date of refund within a period of two months from the date of this judgment.