IMPORTANT POINT
Terms of the agreement are binding between the parties.

ORDER

R.K. Agrawal, President

This Consumer Complaint, under Section 21(a) (i) of the Consumer Protection Act, 1986 (for short “the Act”), has been filed by the Complainants against M/s. Raheja Developers Ltd. (hereinafter referred to as “the Developer”), seeking the following reliefs:-

(a) To refund of the amount of Rs.1,28,72,141/- deposited by the Complainant with the Opposite Party along with compoundable interest @ 18% p.a.;

(b) To pay a sum of Rs.30,00,000/- towards damages for harassment, mental agony and loss suffered by the Complainant on account of illegal offer of possession, payment of rent, interest on bank loan etc.

(c) To pay an amount of Rs.1,10,000/- as costs for litigation;

(d) To pay rent paid by the Complainant from 2011 till date as per rent agreement;

2. The brief facts as set out in the Complaint are that in the year 2011, the Complainants booked an Independent Floor in a project called “Vedanta” to be developed by the Opposite Party Developer in Sector 108, Gurgaon, by paying an amount of Rs.11,01,317/- on 27.06.2011 and Rs.16,51,976/- on 27.08.2011. The total sale consideration of the Floor was Rs.1,23,75,550/- which was to be paid as per Construction Link Plan. On 08.05.2012, the Developer issued an Allotment letter allotting Apartment No. IF 12-01 admeasuring 2175 Sq. Fts. Super Area to the Complainants and subsequently, Flat Buyers Agreement was also entered between the parties on the same date.

3. It is averred in the Compliant that as per Clause 4.2 of the Flat Buyer Agreement dated 8th May, 2012, the Developer was under an obligation to handover the physical possession of the Apartment in question, complete in all respects, within 36 months (3 years) from the date of execution of Flat Buyers Agreement with a further grace period of six months for reasons beyond their control.

4. Upon offer of possession being made by the Developer, the Complainants visited the Project Site and found that everything was incomplete and provisional and even the basic amenities like water, electricity and other promised facilities such as Club, Swimming Pool etc. were not provided. There was no connectivity by road also. The matter was taken up with the Developer but in vain. Complainants alleged that the offer of possession made by the Developer was mala fide and illegal. It is stated that the entire amount as per Flat Buyer Agreement was paid with an additional demand totalling to Rs.1,28,72,141/-.

5. It is stated in the Complaint that the Developer played a fraud with the Complainants as it was not disclosed at the time of booking of the Floor that the Plans were not sanctioned for Independent Floors. As per letter of sanction for the Independent Floors issued to the Developer in the year 2012 and obtained by the Complainants under the RTI Act, the Developer was not allowed to make booking prior to the issue of sanction letter but the Builder violated this condition as the Complainant has booked the Floor before sanctioning of the Plan in 2011. The Condition No. xxi of the sanction letter issued by the Director General Town and Country Planning, Haryana stipulated that “the Developer shall not give the advertisement for booking/sale of Flats and shall not book Flat till the date upto which objection can be filed by existing allottees or till the objections received, if any, by the office STP, Gurgaon. This sanction will be void abnitio, if any of the conditions mentioned above, are not complied with”. However, the Developer has violated this condition as the booking was made even prior to issuance of letter dated 22.03.2012. It is also alleged that the Complainants were not shown the format of Buyer/Builder Agreement at the time of booking of the Floor and they were forced to sign the same in 2012 on dotted lines which were unreasonable and unjustified.

6. The Complainants made the repeated requests to the Developer to share the NOCs issued to them from Director, Fire Services, Haryana and Director, Environment,