IMPORTANT POINT
Allottees cannot be made to wait indefinitely for possession of flats booked by them.

V.K. Jain, Presiding Member—The complainant claims to be an Association formed with the object to express/raise the common grievances and concerns of the allottees of the flats in a project namely Parsvnath Exotica, which the opposite party is developing in Ghaziabad. As many as 39 members of the complainant society booked residential flats in the Tower B to D of the aforesaid project, which was approved by Ghaziabad Development Authority on 17.02.2007. 31 members of the said Association booked flats in Tower E and F, which have not been approved till date. Complaint No. 45 of 2015 pertains to those members, who had booked flats in Towers B to D, whereas complaint No.46 of 2015 pertains to the members who had booked flats in Towers E and F of the said project. The construction was likely to be completed within 36 months from the date of commencement of construction of the particular tower in which the flat was to be located, on receipt of sanction of building plans / revised building plans and approvals of all concerned Authorities as might be required for commencing and carrying on construction. According to the complainants, the time for completing the construction ended in June, 2011.

2. The complaint has been filed against three companies namely Parsvnath Developers Ltd., Parsvnath Buildwell Pvt. Ltd. and M/s. Devidayal Aluminium Industries (P) Ltd. The possession of the flats however, has not been offered to the complainants. Being aggrieved they are before this Commission, seeking the following reliefs:

In Consumer Complaint No. 45 of 2015

a. Direct the opposite parties to hand over the possession of flats to the Allottees (named in Annexure-1) immediately, complete in all respects and execute all required documents for transferring / conveying the ownership of the respective flats;

b. Direct the opposite parties to pay interest at the rate of twenty four percent (24%) per annum compounded quarterly, on the total amount paid by the Allottees (named in Annexure-1) to the opposite party No.1 towards their respective flats, from the expiry of thirty six (36) months (computed from the date of payment of the booking amount) until the actual physical possession of the respective flats;

c. Direct the opposite parties to complete and seek necessary governmental clearances regarding infrastructural and other facilities including road, water, sewerage, electricity etc. before handing over the physical possession of the flats;

d. Direct the opposite party to hand over the club house and car parking complete in all respects while handing over of the flats;

e. Refund with interest the charges collected under the heads of ‘parking’, ‘club membership’ and ‘administrative charges’ towards transfer of flats, to the respective allottees (named in Annexure-1);

f. Direct the opposite parties to provide for third party audit to ascertain / measure accurate areas of the flats and facilities, more particularly, as to the ‘super area’ and ‘built up area’;

g. Direct the opposite parties to pay a sum of Rs. Fifteen (15) lacs towards undue hardship and injury both physical and mental caused to each of the allottees (named in Annexure-1) due to the acts of omission / commission on the part of the opposite party;

h. Direct the opposite parties to pay at least a sum of Rs.Ten(10) lacs to the complainant towards the cost of litigation;

i. Direct the opposite parties to refrain from giving effect to the unfair clauses unilaterally incorporated in the Flat Buyer Agreement.

In Consumer Complaint No. 46 of 2015

a. Direct the opposite parties to hand over the possession of flats to the Allottees (named in Annexure-1) immediately, complete in all respects and execute all required documents for transferring / conveying the ownership of the respective flats; or in alternative,

b. Refund the entire amount to each of the member Allottees (named in Annexure-1) along with interest at the rate of twenty four percent (24%) per annum compounded quarterl