IMPORTANT POINT
Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.

JUDGMENT

Rajan Sharma, Member (Judicial)—The present Consumer Complaint has been filed on 04.10.2017 before this Commission under Section 17 of the Consumer Protection Act, 1986 by the Complainant, seeking the following reliefs:—

“(i) Direct the Opposite Parties to hand over the peaceful and actual physical possession of the Complainant’s booked flat. Or

(i) Direct the Opposite Parties to refund the entire amount paid by the Complainant i.e. Rs.32,16,722/- along with simple interest @ 18% p.a.

(ii) Direct the Opposite Parties to compensate the Complainant @ Rs.5 per sq. ft. of super area per month till the date of possession.

(iii) Direct the Opposite Parties to pay Rs.4,71,361/- i.e. for interest paid by the Complainant till July 2017 on the home loan from HDFC Bank.

(iv) Direct the Opposite Parties to pay a compensation of Rs.5,00,000/- for the mental agony and harassment cause to the Complainant.

(v) Direct the Opposite Parties to pay a sum of Rs.55,000/- towards litigation expenses;

(vi) Direct the Opposite Parties to pay the Loyalty discount for the year 2009 & 2010 i.e. Rs.58,575/- as promised by the Opposite Parties and also refund the wrongly charged service tax from the Complainant.

(vii) Any other or further order which this Hon’ble Commission may deem fit in the given facts and circumstances of the case be granted in favour of the Complainant and against the Opposite Parties.”

2. Brief facts necessary for adjudication of the present complaint are that the Complainant had signed a Booking Form on 19.06.2008 and booked a Flat admeasuring of 1175 sq. ft. super area in the complex of the Opposite Parties namely “ILD Spire Greens” located at Sector-37C, District Gurgaon, Haryana and the Complainant had paid an amount of Rs.4,00,000/- to the Opposite Parties vide cheque bearing no. 963146 dated 25.06.2008 drawn on IDBI Bank, as initial booking amount. As per clause 10 of the Booking Form, the Opposite Parties had agreed to hand over the possession of the flat within a period of three years from the date of application with a grace period of six months. On 11.11.2008, provisional allotment of flat bearing no. 504 admeasuring super area of 1175 sq. ft. on 5th Floor in Tower-3 in the “ILD Spire Greens” complex, was allotted to the Complainant.

3. It has been stated by the Complainant that he had requested the Opposite Parties a number of times for signing the agreement and finally on 12.06.2010, Apartment Buyers Agreement was entered into between the Complainant and the Opposite Parties. It has been alleged by the Complainant that at the time of signing the Apartment Buyers agreement, the Opposite Parties without the consent of the Complainant had increased the super area of flat from 1175 sq. ft. to 1289 sq. ft. and had also increased the time for handing over the possession of the flat i.e. from June 2011 to December 2012.

4. It has further been stated by the Complainant that till August 2011, the Complainant had paid 80% of the cost of the flat and there was no progress in the construction of the project. From the year 2012-2014, the Complainant had visited the Registered Office & Head Office of the Opposite Parties several times but no satisfactory reply was given to the Complainant regarding the handing over of the possession. Thereafter, the Opposite Parties issued a demand letter dated 26.05.2014 raising a further demand of Rs.4,49,994/-, which the Complainant did not make the said payment as there had been a considerable delay in completing the project. Finally, on 16.06.2014, the Complainant visited the Head Office of the Opposite Parties at Gurgaon, and demanded to adjust the Loyalty Bonus as well as that of the delay which had occurred in handing over the possession for 18 months calculated from January 2013 to June 2014. After a long discussion the Complainant was assured that his claim would be adjusted. After adjustment, the Complainant paid an amount of Rs.3,73,963/- to the opposite Parties. Fin