IMPORTANT POINT
Not disclosing common areas and facilities meant for all apartment owners, amounts to unfair trade practice adopted for the purpose of sale of flats to prospective buyers.

V.K. Jain, Presiding Member—Vide application dated 24.6.2014, signed by the complainants as well as by the Sales Manager of the opposite party, the complainants booked a residential apartment being Unit No.2001 on the 20th floor, admeasuring 1660 sq. ft. of carpet area in tower 24 of a Project namely Lodha Belmondo, which the opposite party is developing in Pune. The total consideration for the aforesaid unit was agreed at Rs.1,68,88,095/-. The complainant has already paid 19.9% of total agreed sale consideration to the opposite party. The opposite party issued an allotment letter dated 15.7.2014 to the complainants referring to their application dated 24.6.2014 and inter-alia stating that the terms and conditions as stated in the application form shall continue to be binding in respect of the allotment of the flat. Vide Email dated 17.7.2014, the opposite party sent the payment schedule to the complainants. As per the said schedule, the application money-1, application money-2 and the second instalment were payable by 14.7.2014, whereas as many as 10 instalments were payable on 04.8.2014. The second last instalment amounting to Rs.8,44,405/- was payable on external painting and the last instalment, for the same amount, was payable at the stage of fitouts. Thus, about 90% of the sale consideration was payable by 04.8.2014. Vide Email dated 18.7.2014, the complainant Shri Rajeev Nohwar sought copy of his booking form, draft agreement and proof of stage of construction from the opposite party. The request for draft agreement was repeated on 18.7.2014. On 20.7.2014, the opposite party provided a copy of the agreement to the complainants but the copies of the title documents, approvals etc., were not sent. Vide Email dated 20.7.2014, the complainant referring to the brochure issued by the opposite party, sought certain clarifications with respect to the Clause 14.4., 16.1 and 17.1 of the draft agreement and also stated that the said draft agreement was wholly one-sided. The opposite party was requested to address his concerns so that he could perform his obligation to make payment and sign a suitable agreement with the opposite party. The grievance of the complainants however, was not addressed. The opposite party then sent a demand letter dated 21.7.2014, demanding a sum of Rs.1,23,28,426/- from the complainants. The complainants sent a cheque of Rs. 1,23,28,426/- to the opposite party on 04.8.2014. The opposite party sent another demand letter on 5.8.2014, demanding the aforesaid amount of Rs. 1,23,28,426/-. On 10.8.2014, the cheque of Rs. 1,23,28,426/- was returned to the complainants on the ground that the opposite party cannot accept more than 20% of the sale consideration, without registration of the agreement between the parties. The opposite party issued yet another demand letter dated 12.8.2014, to the complainants, demanding the aforesaid amount of Rs. 1,23,28,426/-, along with interest amounting to Rs.48,638/-. The complainant remitted a sum of Rs. 1,23,28,426/- to the opposite party through RTGS. The opposite party also sent a pre-termination notice to the complainants threatening to cancel the booking if a sum of Rs.1,24,68,259/- which included interest amounting to Rs.1,39,833 was not paid to it within fifteen days. However, on 30.8.2014, the opposite party sent a cheque of Rs.1,23,,28,426/- to the complainant towards refund of the amount which they had remitted through RTGS. Being aggrieved, the complainant is before this Commission, seeking the following reliefs:

a. Direct the respondent to remove all the illegal clauses from the draft agreement in respect of the Project so that all the common amenities (including amenities mentioned in the draft Annexure 4) be handed over to the Resident Welfare Association as per law and act in accordance with law;

b. During pendency of this complaint, the Respondent may be restrained from illegally cancelling the booking of the Flat of the Complainants;

c. In the alterna