IMPORTANT POINT
(1) Final and Binding terms of a Contract – A terms of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder.

ORDER

1. The present Consumer Complaint has been filed under Section 21 read with Section 12(1)(a) of the Consumer Protection Act, 1986 (for short “the Act”) by Complainants being co-allottees against Opposite Party, M/s. BPTP Limited (hereinafter referred to as the OP Developer) seeking possession of the allotted plot along with compensation or in the alternate refund of the amount paid towards purchase of Plot alongwith interest and costs as the Opposite Party Developer failed to deliver the Possession of the Plot within stipulated period.

2. The facts leading to filing of the present Complaint are that one Mr. Subhash Agrawal (hereinafter referred to as the ‘Original Allottee’) was allotted Plot No. C-264 in project “Amstoria Plots” proposed to be developed by Opposite Party Developer in Gurgaon, Haryana, tentatively admeasuring 225 sq. yrds. (188.130 sq. mtrs.) having basic sale price of Rs.38,250/- per sq. yrds. The allotment was transferred to present Complainants from Original Allottee vide letter dated 15.06.2011 by the OP Developer. Subsequently, Plot Buyer’s Agreement (hereinafter referred to as the Agreement) was executed between the Complainants, OP Developer and M/s. Countrywide Promoters Pvt. Ltd. on 13.10.2011. According to Clause 5 of the Agreement, possession was supposed to be handed over within 24 months from the date of sanction of service plan of the entire colony along with grace period of 180 days. It was also averred that the Complainants have even made payment of unjust demands of E_STP (Erection of Sewerage Treatment Plan). The Complainants availed loan of Rs.26,00,000/- (Rupees Twenty Six Lacs Only) from HDFC Ltd in order to make timely payment towards the sale consideration and is paying interest @9.65% p.a. The Complainants have contended that the Opposite Party Developer has illegally and arbitrarily charged interest amount of Rs.73,449/- for delay in payment, which was caused due to failure on the part of the OP Developer to sign the Tripartite Agreement. Complainants have alleged that certain clauses of the Agreement were wholly arbitrary and one-sided. Clause 5.4 of the Agreement imposes penalty upon the Opposite Party of Rs. 30/- per sq. yrds. per month for first six months of the delay, Rs. 40/- per sq. yrds. per month for the next six months of the delay and Rs. 50/- per sq. yrds. per month for any delay thereafter. That the penalty as quoted in clause 5.4 is unacceptable to the Complainants since the delay is completely intentional and on account of the Opposite Party, therefore Opposite Party must pay penalty @18% per annum, which the Opposite Party is charging from Allottees as delayed interest. That the Complainants are even paying rent of Rs.30,000/- per month, cost of which must be borne by the Opposite Party Developer. The Complainants have contended that Opposite Party has utilised Complainant’s money in other projects. That the Opposite Party drew a very rosy picture and made false promises to the Complainants and has thus cheated the Complainants of their hard earned money.

3. The Complainants have paid Rs.1,03,36,028.50/- (Rupees One Crore Three Lacs Thirty Six Thousand Twenty Eight and Fifty Paisa), i.e., 95% of the total sale consideration till 23.04.2012 despite that the development activity has progressed at a very slow pace and still the Project is not habitable and amenities as promised, i.e., club, etc. do not exist.

4. Aggrieved by such deficient service as provided by the Opposite Party Developer, the Complainants issued legal notice to the Opposite Party on 14.10.2017 seeking possession along with cost or in the alternate, refund the amount paid along with interest @18% p.a., however, the Opposite Party Developer, in spite of replying to the legal notice, issued Offer of Possession on 27.10.2017 without obtaining requisite sanction of the service plans for the entire Colony, which admittedly was received only on 27.12.2017 and without Occupancy Certificate which was comp