ORDER

Ram Surat Ram Maurya, Presiding Member.—Heard Mr. Navneet Kumar, Advocate, for the complainants and Mr. Pragyan Pradip Sharma, Advocate and Ms. Nidhi Tewari, Advocate, for the opposite parties.

2. Aforementioned complaint has filed for directing the opposite parties (i) to refund each and every buyer, the amount paid by him/her with interest @18% per annum, from respective date of deposit till the date of refund, in respect of the apartment booked by him/her in the project “Park Sentosa”, at village Nimka, Sector-77, tehsil and district Faridabad, (ii) to pay compensation to each and every buyer @ Rs.5/- per sq.ft. per month on ‘super area’, for the period of delay in offering possession of the flats booked by them, (iii) to pay Rs.5/- lacs, to each and every buyers, as compensation for mental agony and harassment, (iv) to pay Rs.50000/- to each and every buyers, as cost of litigation, (v) to award benefits of the subvention plan to the complainants, who had opted for the same, (vi) to impose appropriate penalty upon the opposite parties for indulging in unfair trade practice and (vii) any other relief which is deemed fit and proper in the circumstances of the case.

3. The complainants filed IA/6125/2018 under Section 12 (1) (c) of Consumer Protection Act, 1986, for grant of permission to file the complaint in representative capacity, which was allowed on 24.10.2018, after hearing the parties. Initially, 14 sets of flat buyers joined as the complainants. After publication of notice, Dr. Rajendra Kumar Agarwal, Mrs. Hemlata Agarwal and Ms. Garima Agarwal (allottees of Flat No.1806) filed IA/6897/2019, for their impleadment as the complainants, which was allowed on 26.04.2019. Mrs. Anju Kheterpal (allottee of Flat No.B-G001) filed A/3675/2020, for her impleadment as the complainant, which was allowed on 16.09.2020. Later on, Dr. Rajendra Kumar Agarwal, Mrs. Hemlata Agarwal and Ms. Garima Agarwal (allottees of Flat No.1806) (complainants-15 to 15-B) settled their claim with the opposite parties, out of court.

4. The complainants stated that the opposite parties were separate companies, incorporated under Companies Act, 1956 and have its registered office at M-11, Middle Circle, Connaught Circus, New Delhi. M/s. Countrywide Promoters Private Limited and M/s. Anjali Promoters & Developers Private Limited (opposite parties-2 and 3) owned of 13.187 acres land at village Nimka, Sector-77, tehsil and district Faridabad. They obtained License No.267 of 2007 dated 03.12.2007, from the Director, Town and Country Planning, Haryana, for development of township over the aforesaid land. Opposite parties-2 and 3 assigned the work of development, construction of building and selling its unit to the prospective buyers over the aforesaid land to M/s. BPTP Limited (opposite party-1). The opposite parties launched the project of group housing in the name of “Park Sentosa” over the aforesaid land and gave attractive advertisements in 2012. Basic sale price of a flat of ‘super built up area’ of 1646 sq.ft. was around Rs.8634905/- including other charges. The opposite parties prescribed four payment plans i.e. (i) Construction Linked Payment Plan, (ii) Down Payment Plan, (iii) Subvention Plan and (iv) Self-Funding Payment Plan. Under Subvention Plan, initial 15% of sale price was payable by the buyer, thereafter, 80% of sale price was payable by the HDFC Ltd. by way of loan and remaining 5% of sale price was payable by the buyer at the time of possession. The complainants and other buyers booked the flats in the year 2013-2014. Allotment letters were issued and Flat Buyer’s Agreements were executed during 2013-2014 by the opposite parties in favour of the complainants and other buyers.

5. A chart, giving date of provisional allotment, flat numbers, total sale price and amount paid by the complainants are given below:-