IMPORTANT POINT
Indefinitely - The complainants cannot be made to wait for an indefinite time and suffer financially.

ORDER

Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed under Section 12(1)(c) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainant No.1 on behalf of/or for the benefit of all the persons including the other complainants who have been allotted a flat and who have common interest in the project and a common grievance against Opposite Party (OP) as detailed above in the Project namely, ‘The Edge Towers’ of the OP, inter alia praying for:—

(i) To direct the OP to complete construction and deliver possession to each of the complainants and to all persons/consumers on whose behalf and for whose benefit the present complaint is filed and who are interested in the said project, their respective flats in the said project, strictly in accordance with the specifications, sanctioned plans along with necessary common facilities and services as per ABA.

(ii) To direct the OP to pay compensation to all the allottees for delay in giving possession @ 18% p.a.

(iii) To restrain OP from demanding legal, Registration and deed of Apartment charges and direct OP to charge only such sum for registration that is payable in accordance with law.

(iv) To direct OP to obtain NOC, Occupancy Certificate and all other approvals from concerned authorities.

(v) To restrain OP from charging other charges which are not present in the ABA.

(vi) To direct OP to coordinate with all Governmental authorities to complete and provide the external development works to colony in accordance with the law before the possession is handed over to the Complainants.

(vii) To direct OP for Compensation of Rs.10 lakhs for damages towards mental agony, harassment and Rs. 50,000/- towards cost of litigation from the OP.

2. Pre-admission notice was issued to OP on 01.08.2018 and OP was directed not to create any third party interest in the subject matter of the present complaint. Both the parties were heard on the application u/s 12(1) (c) of the Act. On finding that all the 14 complainants belong to the same project and have same grievance against the OP and the complaint has been filed for benefit of other similarly placed consumers who are allottees of the said project, the common grievance is in respect of the non-delivery of possession and for compensation, after detailed consideration all aspects, vide order dated 04.04.2019 of this Commission, application under Section 12(1)(c) was allowed and complaint was admitted accordingly. Further vide orders dated 28.04.2021 in IA/3500/2021, deletion/withdrawal of complainant No.12 was allowed. Similarly, vide order dated 11.05.2022, deletion /withdrawal of Complainant No.14 was allowed.

3. It is averred/stated in the Complaint that:—

(i) OP is a public limited company mainly dealing in the business of real estates.

(ii) OP claiming to have been allotted land and obtained a license from DGTCP, prepared a group housing project named, ‘The Edge Towers’ in Sector-37-D, Gurgaon, Haryana, divided into 9 towers. On the basis of representations and promises of OP, the buyers/allottees booked a flat in the said project, and subsequently signed Apartment Buyers Agreement(ABA). Some of the buyers/allottees, bought the unit from the original allottees and got it transferred from the OP in their names on payment of requisite transfer charges. The ABA was signed by each of the allottee/purchaser, including the present Complainant. The present Complainant is an original allottee.

(iii) Some of the clauses in the ABA are/were one sided, the allottees had to sign already prepared documents and some of the clauses contained therein were totally unreasonable and were in favour of OP only. The ABA was a fixed set of papers, which was asked to be signed by the allottees, including the complainant, and no modification was entertained by the OP. On request to change the one-sided clauses, i