1. Heard Ms. Himanshi Singh, Advocate, for the complainants and Mr. Gaurav Vig, Advocate, for the opposite party. 2. Above complaint has been filed for directing the opposite party to refund the entire amount deposited by the complainants with interest @24% p.a. from the date of each deposit till the date of refund, Rs.500000/- as compensation for mental agony as well as cost of litigation and any other relief which is deemed fit and proper in the facts and circumstances of the case. 3. The complainants stated that M/s. Supertech Realtors Pvt. Ltd. (the opposite party) was a company registered under the Companies Act, 1956 and engaged in the business of real estates. The opposite party launched a project of group housing in the name of “Supernova” at Plot No.3, Sector-94, Noida in the year 2012. The complainants were in need of residence and booked a flat and deposited the booking amount on 30.04.2013. The opposite party thereafter issued provisional letter dated 04.05.2013 allotting Unit No.R203SPIRA2127, super area 800 sq.ft, for total consideration of Rs.10220076/-. The payment plan was “Construction Linked Payment Plan” as provided in the allotment letter. Thereafter the opposite party issued addendum to allotment letter on 18.01.2016 and the payment plan has been changed, under which, 60% of sale price was required to be deposited on immediate basis, 20% on completion of structure and remaining 20% at the time of offer of possession. As per demand of the opposite party, the complainants deposited Rs.6368024/- upto 05.01.2016, which is more than 60% of the sale price. As per Clause 19 of allotment letter, the possession had to be delivered on 01.04.2016 with a grace period of six months, but the opposite party failed to deliver the possession within stipulated period. On inquiry, the complainants found that structure was not likely to complete in near future, therefore, this complaint was filed on 01.07.2019. 4. The opposite party filed its written reply on 07.11.2019, in which, the material facts relating to booking of the flat, allotment of the flat and amount deposited by the complainants have not been disputed. Rather various technical pleas have been raised relating to the maintainability of the complaint. In respect of construction, the opposite party has stated that 61st floor and plaster electric and plumbing work has been completed. 5. The complainants filed Rejoinder Reply, Affidavit of Evidence and Affidavit of admission/denial of documents of Rani Rajpal on 09.12.2020. The opposite party filed Affidavit of Evidence and Affidavit of admission/ denial of documents of Sangeet Kumar. The complainants have filed written synopsis. 6. We have considered the arguments of the counsel for the parties and examined the record. The opposite party allotted the flat in dispute to the complainants on 04.05.2013. As per Clause 19 of the allotment, possession had to be delivered upto 01.04.2016 with grace period of six months. In written reply the opposite party has stated that 61st floor, plaster, electric and plumbing work has been completed, while total project was of 84 floors. Therefore, the construction was expected to be completed in near future. Sangeet Kumar in Affidavit of Evidence has stated that part occupation certificate has been obtained but it has not been brought on record. Till today there is nothing on record to show that the construction has been completed or occupation certificate has been obtained. In any case, till today, possession has not been offered to the complainants. It is well settled law that a home buyer cannot be made to wait for possession of the flat for indefinite period. Therefore, complainants are entitled for refund of the money. ORDER In the result, complaint succeeds and is allowed. The opposite party is directed to refund entire amount deposited by the complainants with interest @9% per annum from the date of their respective deposit till the date of actual payment, within a period of two months from the date of this judgment. |
