STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Consumer Complaint No.681 of 2018 Date of Institution: 24.12.2018 Date of pronouncement: 20.03.2024 Puneet Kulshrestha S/o H C Kulshrestha R/o Apartment 17, GH-21, Mansa Devi Complex, Sector-5, Panchkula 134114.

…..Complainant Versus M/s S.S.Group Private Limited, formerly known as M/s North Star Apartments Pvt. Limited “The Coral Wood” 77SS House, Sector-44, Gurgaon, Haryana 122003 through its Managing Director.

…..Opposite Party CORAM: Sh. Naresh Katyal, Judicial Member Argued by:- Complainant Puneet Kulshrestha in person.

Sh.Shubkarman, Advocate for opposite party.

ORDER

NARESH KATYAL, JUDICIAL MEMBER:

As per complaint: opposite party M/s S S Group Private Limited introduced a project of developing group housing complex by name “The Coral Wood”. Complainant purchased residential flat No.402, Type C, located in Tower H on 4^th Floor having approx. area 1570 sq. ft. Flat Buyer Agreement is dated 22.10.2011, as per which; basic sale price is Rs.2750/- per sq. ft; External Development Charges (EDC) is Rs.271/- per sq. ft; Infrastructure Development Charges (IDC) is Rs.35/- per sq. ft.; Reserved Parking Area Charges is Rs.2,50,000/-

per unit; Club Membership is Rs.50,000/-

2. Complainant paid Rs.4,00,000/- towards sale price at the time of application. Rest of the amount due towards sale consideration was to be paid as per Annexure I of Buyers Agreement as entire sale consideration stands fully paid and acknowledged by opposite party.

3. Complainant was offered possession vide possession letter dated 09.08.2018, vide which, he was called upon to pay Rs.9,51,187/- to opposite party with in period of 15 days before delivery of actual physical possession of unit. As per plea; opposite party has raised an illegal/arbitrary demand of this amount which complainant was not legally liable to pay.

4. Opposite party was to deliver possession as per buyers agreement, with in period of 36 months from its signing with grace period of 90 days, which comes to as 20.01.2015. Possession letter was sent on 09.08.2018, after delay of 3 years and 7 months. It has caused mental tension, agony and financial loss to complainant, as he was forced to stay in rented premises. He paid Rs.5,38,400/- towards rent.

5. Possession letter dated 09.08.2018 came to his utter shock, as statement of account and monetary demand raised, had no adjustment qua excess payment made and compensation on account of delayed possession for 3 years and 7 months. Regarding excess payment; Complainant had repeatedly exchanged number of emails between 11.02.2017 to 07.03.2017 with opposite party and served legal notice dated 30.07.2018 to it.

6. It is pleaded that complainant was illegally charged extra amount of Rs.1,71,221/- on 30.06.2013 under head: “amount qua revised area”. He raised query with opposite party, which after request had returned/adjusted excess payment of Rs.1,71,221/- after a year, without interest. Non payment of interest on this amount is deficiency in service and negligence of opposite party. He paid remaining due, in order to avoid, being charged any penalty/interest and under pressure of OP, since he was told and forced to make payment at that moment with understanding, undertaking and assurances by opposite party that excess payment and interest shall be adjusted at final time of possession.

7. As per plea; under clause 6 of agreement, under head “time is the essence”; it is stated that developer shall also be entitled to charge interest @ 18% from due date of installment, to actual date of realization of said payment. He moved representation vide email dated 20.08.2018 and also sent it through registered post to OP, by expressly stating his intention to take possession of unit, with request to adjust the excess payment received with interest @ 18% p.a and interest on partly refunded amount @ 18% p.a. from date of payment of Rs.1,71,221/- till adjustment. It is alleged that: when opposite party can cha