JUDGMENT :

[Amit Bansal, J.]

I.A. 9251/2022 (O-VIII R-10 of CPC) & CS(OS) 28/2023

BRIEF FACTS

1. Briefly, the case set up by the plaintiff in the plaint is as under:

1.1 The plaintiff booked a Flat bearing no.F-SF019I, Second Floor, ad measuring approximately 1644 square feet (hereinafter ‘the Flat’) in the project “FLORENCE PREMIUM FLOORS” launched by the defendant and proposed to be constructed in Sushant Lok-II, Gurugram, Haryana. The total consideration for the Flat was Rs.1,25,00,000/- and the plaintiff opted for a construction linked payment plan. The plaintiff paid a booking amount of Rs.14,00,000/-, for which a receipt dated 23rd March, 2016 was issued.

1.2 In terms of Clause 12 of ‘Terms & Conditions for Allotments’ attached with the application form of the defendant, the possession of the Flat was to be handed over to the plaintiff within 3 to 3½ years.

1.3 Vide letter dated 23rd March, 2016, the defendant called upon the plaintiff to pay the second installment amounting to Rs.12,05,000/-.

1.4 On 12th April, 2016, the plaintiff paid a sum of Rs.11,80,000/- towards second installment to the defendant, for which a receipt was issued by the defendant.

1.5 Vide letter dated 1st May, 2016, the plaintiff requested the defendant to change the allotted floor i.e., second floor to a ground floor in the same building and paid the differential amount for the same. The plaintiff also furnished an advance amount of Rs.14,75,100/- towards the payment of third installment.

1.6 Vide letter dated 17th May, 2016, the defendant, allotted F-GF019I, ground floor, to the plaintiff, however with a reduced area of 1575 square feet and increased the cost to Rs.1,49,00,000. The builder/buyer agreement dated 14th May, 2016 was executed between the parties, in terms of which the price of the Flat was Rs.1,49,00,000/- inclusive of External Development Charges (EDC).

1.7 Vide letter dated 3rd December, 2016, the defendant issued a demand letter seeking payment of fourth installment seeking payment upto 40% of the total cost of the Flat.

1.8 On 21st December, 2016, 23rd January, 2017 and 1st March, 2017, pursuant to demand raised by the defendant, plaintiff paid Rs.16,84,490/-, Rs.15,57,050/- and Rs.15,63,790/- towards fourth, fifth and sixth installment respectively, for which the defendant issued receipts.

1.9 On 15th March, 2017, the plaintiff’s husband, being an architect visited the construction site and noticed poor quality of construction being carried out by the defendant. These were brought to the attention of the defendant vide emails dated 22nd March, 2017, 23rd March, 2017 and 30th March, 2017.

1.10 On 5th April, 2017, 14th December, 2017 and 21st April, 2018, pursuant to a demand raised by the defendant, the plaintiff paid Rs.15,57,050/-, Rs.16,68,800/- and Rs.18,40,859/- towards seventh, eighth and ninth installment respectively and the defendant issued receipts for the same.

1.11 Vide email dated 15th June, 2018, the defendant informed the plaintiff that the construction work of the Flat was scheduled to be completed within 30-36 months from the date of sanction of the building plan. At that point of time, the plaintiff had paid a total of 90% amount towards the cost of the Flat.

1.12 Vide communication dated 17th April, 2020, the defendant demanded tenth installment and stated therein that the Flat was almost completed including laying of vitrified tile flooring and skirting works, assuring the plaintiff that the remaining work will be completed soon.

1.13 On 24th June, 2020, plaintiff paid the tenth installment of Rs.7,45,000/- thereby making a payment of 95% of the total amount towards the cost of the Flat.

1.14 Plaintiff and her husband visited the Flat on 2nd October, 2021 and 3rd October, 2021 and was shocked to know that the construction of the Flat was yet to be completed. Further, the quality of construction carried out was also poor. Plaintiff has filed along with the plaint photographs of the Flat taken on 3rd October, 20