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2025 Supreme(Online)(NCDRC) 649
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 397 OF 2014 1. Shri MANJIT SINGH SABHARWAL, S/o Shri Harbans Singh Sabharwal, R/o 1/64 (West)
Punjabi Bagh, NEW DELHI - 110026. ...........Complainant(s)
Versus
1. M/s BPTP, M-11, Middle Circle, Connaught Circus, NEW DELHI - 110001. ...........Opp.Party(s)
BEFORE:
HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER HON'BLE MR. DR. B.C. GUPTA, MEMBER For the Complainant : Mr. Vikas Tomar, Advocate with Ms. Suman Yadav, Advocate For the Opp.Party : Dated : 15 Oct 2014
ORDER
1. The complainant booked a residential flat with the opposite party on 04-10-2011 making a part payment of Rs.7,00,000/-. On 15-11-2011, a unit bearing No.E55-GF in Astaire Garden, Sector 70A, Gurgaon was allotted to the complainant. According to the complainant when he visited the site in April 2013, he found that the construction was not as per the agreement and the demands had been raised much prior to the construction and no school, community center/club, etc., were constructed. He also found that no approach road was provided for connecting the project to the main road. The allotment made to the complainant was later cancelled by the opposite party vide letter dated 13-05-2013. Being aggrieved from the cancellation of the allotment, the complainant is before us by way of this complaint seeking the following reliefs:
(i) opposite party be directed to revoke the cancellation of the allotment of apartment allotted to the complainant and reaffirm the allotment in favour of the complainant, (ii) direct the opposite party to inform the status of the project including the status of the promised good approachable road attaching to the main road after which the complainant will make the due legal payment only without any illegal demand of interest and penalty, (iii) pass any other further relief or direction which this Hon’ble Commission in the facts and circumstances of the present case may deem fit and proper in favour of the complainant and against the opposite party.
2. The payment plan agreed by the complainant with the opposite party reads as under:
Construction Linked Payment Plan
Booking amount
6 lacs/7 lacs/9 lacs
Within 75 days of booking
Complete 20% of BSP
Within 150 days of booking
10% of BSP + 50% of DC
At the start of construction
10% of BSP + 50% of DC
On casting of ground floor roof slab
10% of BSP + 50% of PLC
On casting of first floor roof slab
10% of BSP + 50% of PLC
On casting of second floor roof slab
7.5% of BSP + Club Membership
On completion of Brick work
7.5% of BSP
On completion of external plastering
7.5% of BSP
On offer of possession
10% of BSP + IFMS + PBIC + Stamp duty + Registration Charges & Administrative Charges
Down Payment Plan (with 10% rebate)
Booking Amount 6 lacs/7 lacs/9 lacs
Within 75 days of booking
Complete 90% of BSP + 100% of Additional Charges
On offer of possession
10% of BSP + IFMS + PBIC + Stamp duty + Registration Charges & Administrative Charges
3. On perusal of the termination/cancellation letter dated 13-05-2013 we found that the allotment had been cancelled on account of non- payment of installments by the complainant despite a final notice dated 02-04-2013. We, therefore, when the matter came up for hearing on 15-10-2014, directed the complainant to file an affidavit stating therein as to on which date the casting of ground floor roof slab had taken place, when the casting of first floor roof slab had taken place, when the brick work was completed, when the internal flooring was completed and when the external plastering was completed. The complainant was also directed to file a statement indicating the dates on which the installments became due and on which dates the payment of those installments was made. He was also directed to indicate the interest if any paid by him for the delayed installments.
4. In compliance of the aforesaid direction the complainant has filed an affidavit. Para 3 of the affidavit would show that none of the installments after initial booking amount of Rs.7,00,000/- was paid by the complainant in time. He paid interest, for the delay in the first five installments which were demanded on 13-12-2011, 14-12-
2011, 20-02-2012, 06-04-2012 and 22-11-2012. The affidavit further shows that the installments which were payable on casting of first floor roof slab and constituted of
10% of the basic sale price plus 50% of prime location charges demanded on 12-12-
2012 was not paid. The amount of the said installment w
