IMPORTANT POINT
Possession of flat – Home buyers cannot be made to wait for possession of flat for an indefinite period.

ORDER

The present Consumer Complaint (CC) has been filed by the Complainants against Opposite Parties (OPs) as detailed above, inter alia praying for following directions:-

a. To direct the Opposite Party No.1 and 2 to immediately stop and demolish the construction of 3rd floor (on top/roof of 2nd floor on the plot comprising ground, first and second floor raised on plot No.A-121, Amstoria Project of the OPs, situated at Gurugram, Haryana which fact was withheld or never disclosed by the OPs prior to booking of the Residential ground floor flat on the same plot and even before starting construction of 3rd floor (on top/roof of 2nd floor on the plot comprising ground, first and second floor, and/or

In the alternative,

Direct the OPs to pay compensation of Rs.45,00,000/- to the complainants on account of proportionate land division to 4 allottees instead of 3 allottees, burdening the complainants with congestion w.r.t. parking, utilities and common space and part from the profit opposite parties are making by constructing additional floor, and

b. Direct the OPs to pay interest @ 12% and to refund the excess GST amount paid.

c. Direct the OPs to pay an amount of Rs.25,00,000/- alongwith interest @ 18% for hardship and injury, both physical and mentally.

d. Direct the OPs not to charge any escalation on account of increased construction cost.

e. Litigation cost of Rs.1,50,000/- is also prayed.

2. Notice was issued to the Opposite Parties. Parties filed Written Statement/Reply, Rejoinder, Evidence by way of an Affidavit, Written Arguments/Synopsis and additional / amended written arguments as per details given below:

3. Brief facts of the case, as emerged from the pleadings of the parties and other case records are that Complainants being approached by the sales representatives of the Opposite Parties regarding purchase of plot being developed and constructed by OP No.1 and 2 told the Complainants that limited number of low rising flats are left in the project named ‘Amstoria’ situated at Gurgaon and that they (OPs) shall be developing only ground, first and second floor on the said plot. They were also shown the location and the site brochures, in which details of all the units were mentioned. It was assured to the complainants that project would be completed within 30 months from the date of booking.

4. The complainants applied for a flat on plot no.A-121 on Ground floor with construction linked plan having built-up area admeasuring 3650 sq. ft. The basic sale price was agreed as of Rs.2,01,99,996/- and opposite parties also charged preferential location charges for 24 meter wide road (5% of BSP), two side open plot (10% of BSP, park facing (5% of BSP) as well as club membership charges of Rs.2,00,000/-. The Opposite Parties also charged development charges of Rs.8.67 lacs in lumpsum. The complainants paid more than 10% of basic sale price i.e. Rs.20,90,871/-.

5. Prior to booking the said flat, the complainant inquired in respect of one High Tension pillar and cables lying on their plot i.e. A-121, on which the OPs assured the complainants that high tension pillar and cable is temporary and it shall be removed within 25-30 days. On the said assurance of the OPs, complainant booked their unit in the said project of the OPs and they were also assured at the time of booking that OPs will execute the Builder Buyer Agreement (BBA) at the earliest.

6. The Complainants go