IMPORTANT POINTS
1) Incorporation of one-sided and unreasonable clauses in Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act.
2) Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement

ORDER

R.K. Agrawal, President.—The present Consumer Complaint has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainants, against the Opposite Party M/s. Ireo Grace Realtech Private Ltd. (hereinafter referred to as the ‘Developer’), for refunding of money as the Opposite Party Developer failed to hand-over the possession of the Flat booked by them in the Project launched by the Developer in the name and style of “The Corridor “, within stipulated period.

2. According to the Complainants, the facts of the case are that the Opposite Party Developer launched a Residential Housing Project in the name and style of “The Corridors” (hereinafter referred to as the ‘Project’) located at Golf Course Extension Road, Sector-67-A, Tehsil & District Gurgaon, Haryana. The Opposite Party Developer drawn very rosy picture of the Project and represented that it would be a unique project with world class amenities and assured timely delivery and lots more. Attracted by the representation and assurances given by the Opposite Party Developer, Vinod Kumar Chopra and Ritu Chopra (hereinafter referred as the Complainant Nos. 1 & 2) jointly booked a residential flat in the Project by paying a sum of Rs.14,50,000/- on 18.03.2013.The Complainant Nos. 1 & 2 were allotted Unit No. CD-A3-10-1003 having super area of 1700 sq. ft. Ms. Shivani Ahuja (hereinafter referred to as the Complainant No. 3) also booked a residential flat in the said Project by paying a sum of Rs.12,00,000/- on 13.03.2013.The Complainant No. 3 was allotted Unit No. CD-C5-03-301 having super area of 1300 sq. ft. As per demand of the Opposite Party Developer, the Complainant No. 1 & 2 and Complainant No. 3 made payment of Rs.59,42,313/- and Rs.48,29,664.03/- on different dates to the Opposite Party Developer towards their respective flats. Apartment Buyer’s Agreements (hereinafter referred as the Agreement) were executed between the Parties. It is the say of the Complainants that the Apartments were originally booked @ Rs.8750/- per sq. ft. but in the Agreement, the rate of booking was mentioned as Rs.9200/- per sq. ft. and the super area of the flats booked by them were increased to 1920 sq. ft. and 1592 sq. ft. respectively. It is the say of the Complainants that due to increase in size and change in price of the Apartment, the Complaints found themselves under-budget and requested the Developer to merge both the flats. Vide letter Adj.Memo/Corr/00112 dated 30.12.2014, the Developer accepted the requests of the Complainants and Unit No. CD-C5-03-301, allotted to the Complainant No.3 was merged with Unit CD-A3-10-1003, allotted to the Complainant No.1 & 2 and Rs.48,29,664/-, i.e., the whole amount paid towards Unit No. CD-C5-03-301, was adjusted towards the cost of Unit No. CD-A3-10-1003 allotted to the Complainants No. 1 & 2. As per Clause 13.3 of the Agreement, the possession of the Unit was to be handed over within a period of 42 months from the date of approval of the building plans. Clause 13.3 of the Agreement reads as under:-

“Subject to Force Majeure, as defined herein and further subject to the allottee having complied with all its obligations under the terms and conditions of this Agreement and not having defaulted under any provision(s) of this Agreement including but not limited to the timely payment of all dues and charges including the total Sale Consideration, registration charges, stamp duty and other charges and also subject to the Allottee having complied with all formalities or documentation as prescribed by the Company, the Company proposes to offer the possession of the said Apartment to the Allottee within a period of 42 (Forty Two) months from the date of approval of the Building Plans and/or fulfillment of the preconditions imposed thereunder (“Commitment period”). The Allottee further agrees and understands that the Company shall additionally be entitled to a period of 180 days (“Grace period”), after t