IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution : 06.09.2017 Date of Reserving the order: 19.09.2024 Date of Decision: 07.03.2025 CC No. 1503/2017 IN THE MATTER OF Mr. Prakash Chandra Tripathi R/o C-32, Kanachanchnagha Apt., 90, I.P. Extension, Madhu Vihar, Delhi-110092 (Through: Mr. S.S. Lingwal, Advocate)

..…Complainant VERSUS M/s AIMS Promoters Pvt. Ltd.

Registered Office:

D-3/10, Vasant Vihar, Delhi-110057 (Through: Ms. Anupriya Singh, Advocate)

..…Opposite Party CORAM:

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. S.S. Lingwal, counsel for the Complainant None for the OP PER: HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

JUDGMENT

1. Brief f acts of the case are that the Opposite Party came up with an advertisement of group housing project, namely, ‘Golf Avenue’ Sector-75, Noida, through the agents of M/s Property Guru Pvt. Ltd. In the month of September 2009, the Complainant met with Mr. Rupak Bharali, the agent of M/s Property Guru Pvt. Ltd., who promised him that the Buyer’s Agreement would be executed within 15 days of booking. He also stated that it would be incorporated in Buyer’s Agreement that the project would be completed by December 2012. He further stated that all the necessary approvals from regulatory authorities had already been received by Opposite Party. Thus, the Complainant had paid an amount of Rs.3,22,575/- to the Opposite Party through two cheques bearing no. 310586 & 148164 dated 31.08.2010 drawn on ICICI Bank, towards the booking. Thereafter, the Opposite Party vide its Allotment Letter dated 13.12.2011 allotted the flat bearing no. 803, Tower-E admeasuring 1150 sq. ft. in the said project, to the Complainant. On 20.03.2012, Flat Allottee(s) Agreement (hereinafter referred to as the Buyer’s Agreement) was executed between the parties. As per clause 31 of Buyer’s Agreement, the Opposite Party had agreed to hand over the possession of the said flat to the Complainant by December 2014 (plus six months grace period). As per Payment Plan, the total sale price of the said flat was of Rs.33,86,750/-.

2. It is the case of Complainant that he did not receive the offer to sign Buyer’s Agreement even after one month of booking, as promised by the Opposite Party. Thereafter, he telephoned the Opposite Party several times and also visited the office of Opposite Party to get the Buyer’s Agreement executed. Finally, the Buyer’s Agreement was executed on 20.03.2012 according to which the time for handing over the possession was postponed from December 2012 to December 2014, which was against the verbal commitment made by the agent of Opposite Party. Thereafter, Mr. Malook Nagar, an official of Opposite Party also assured the Complainant that the Opposite Party would pay suitable interest on the delay, occurred in signing the Buyer’s Agreement. But, Mr. Malook Nagar refused to give anything in writing.

3. It is the further case of Complainant that he had paid 50% amount of the flat to the Opposite Party till January 31.01.2013, as per the demands raised by the Opposite Party from time to time. In the month of January 2014, he visited the project site, but was shocked to see that even the excavation work had not started in the Tower-E, while some other towers in vicinity had been raised to full height. Thus, he wrote letters dated 21.01.2014 & 14.05.2014 to the Opposite Party, requesting it to re-allot him another flat, which was expected to completed at the earliest. But the Opposite Party did not reply to the same. When the stipulated time for handing over the possession came to an end, he approached the Opposite Party, where he was verbally informed that the project was delayed due to the order of NGT & Hon’ble Allahabad High Court. However, the Opposite Party continuously going on raising the demand, as per the Buyer’s Agreement, unmindful of the fact that it had breached the core conditions of BBA.

4. It is the further case of Complainant that he wrot