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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ram Surat Ram Maurya, Presiding Member and
Dr. Inder Jit Singh, Member
Ravi Shankar —Complainant
versus
M/s. Aims RG Angel
Promotors Pvt. Ltd. —Opp. Party
Consumer Case No.1187 of 2019
Decided on 1.11.2022
Counsel for the Parties:
For the Complainant:Mr. Rahul Goyal, Advocate with Complainant in person
For the Opp. Party:Mr. Amit Aggarwal, Advocate and Mr. Ojas Soni, Advocate
Headnote:
Consumer Protection Act, 1986—S. 21(a)(i) —[Consumer Protection Act, 2019—S.58(1)(a)(i)]—Services – Real Estate – Allotment of Flat – Delayed Possession – Delay Compensation – Entitlement for - Complaint has been filed for alleged delay in delivery of Possession - As per FBA, the committed date of possession was December, 2015. In addition, there is a grace period of six months. Hence, the Developer was obliged to give the possession by June 2016. The offer of possession was made in October 2016. The delay is only for four months. There was some delay in making balance payments by complainant on receipt of intimation of offer of possession as complainant approached his bank for release of remaining amount, but bank asked for certain documents like copy of occupation certificate etc., which were supplied by OP with some delay. Thereafter the balance payments were released by the bank to OP. However, post final payments, possession has not been delivered yet as OP demanded certain additional payments, including maintenance charges from 01.11.2017 to 31.10.2019 – Therefore, OP shall hand over the possession of the flat in question, complete in all respects, as per the specifications, facilities and amenities promised in the brochure alongwith delay compensation in the form of simple interest @6% per annum from 1st July 2016 to 27th October 2016 – Complaint allowed. [Paras 9, 10]
Result: Complaint allowed.
ORDER
Dr. Inder Jit Singh, Member—The present Consumer Complaint (CC) has been filed by the Complainant against the opposite party as detailed above, inter aila praying for:—
(i) to hand over the physical possession of the apartment complete in all respect and execute a Sub Lease Deed.
(ii) to pay interest @18% on the amount deposited for the period of delay from 31.12.2015 till the filing of the petition and pay future interest @18% till the date of handing over of the actual physical possession.
(iii) to charge maintenance from the date of handing over of the actual physical possession of the said flat and cancel the demand of Rs.97,932/- raised towards the maintenance since 01.11.2017.
(iv) to refund Rs.2,02,860/- extra charged on account of principle due along with interest @18% from 09.04.2019 till the date of realization of the amount paid.
(v) to compensate the complainant towards the rent paid by the complainant to the tune of Rs.12,17,700/- since January 2016 till the date of filing the complaint and to pay rent to be paid till the handing over the possession.
(vi) Rs.10,00,000/- as compensation on account of mental agony and harassment.
(vii) to pay Rs.2,00,000/- towards cost of litigation.
2. Notice was issued to the opposite party on 09.07.2019 giving them 30 days’ time to file their written statement.
3. It is averred/stated in the complaint that:—
(i) That the complainant booked a flat on 05.02.2014 in the in the upcoming project of the OP namely “Golf Avenue-II” situated at Golf City, Plot No. 3, Sector-75, Noida, for a total consideration of Rs.71,51,200/- admeasuring 1455 sq. ft. having Unit No. 1501 in Tower 6. A provisional allotment letter dated 03.04.2014 was issued. Flat Allottee(s)’ Agreement dated 04.04.2014 was executed between the parties. The complainant paid Rs.31,75,983/- till 28.05.2014. The rest of the amount was to be paid at the time of possession i.e. on 31.12.2015. The Complainant made payment of Rs.41,20,551/- in July 2017. By this time, the complainant paid Rs.72,96,534/-. As per clause 31 of the Flat Allottee Agreement, he OP was liable to handover the possession of the unit in December 2015 with a grace period of six months for force majeure circumstances and in case of the reason for delay other than force majeure, the OP shall pay a compensation of Rs.5/- per sq.ft on super area per month of delay.
(ii) The OP failed to deliver the possession on the said date and nothing was informed to the complainant about the delay. After a delay of 10 months, the OP issued a letter dated 27.10.2016 informing the complainant that the OP is initiating the process of possession. OP without informing the status of the project and date of delivery, demanded the final payment amount, to be deposited within 30 days of receipt of the said letter dated 27.10.2016. The complainant approached the bank for release of the remaining amount towards the said flat but the bank refused as the letter of offer of possession and the completion certificate was not enclosed with the final demand letter. The complainant asked the OP through a letter dated 18.11.2016 for date of possession, Occupation Certificate and final measurements of the flat. But no reply was received and the complainant kept reminding about the same. On 22.06.2017 the complainant received OC and thereafter the remaining payments were released by the bank within 15 days of receipt of the completion certificate and the Complainant made payment of Rs.41,20,551/- in July 2017. By this time, the complainant paid Rs.72,96,534/-.
(iii) That post making the final payment in July 2017, neither offer of possession was made by the OP nor any date was disclosed to the complainant.
(iv) On 25.01.2019, the OP called upon the complainant to make the remaining payments and get the Sub Lease Deed Registered on making the payment for stamp duty. On demand
