C. NO. 303/2020 MR. RAJU LAL & ANR. VS. ALMOND INFRABUILD PVT. LTD. D.O.D.: 17.10.2022

ALLOWED

PAGE 1 OF 8

IN THE DELHI STATE CONSUMER DISPUTES

REDRESSAL COMMISSION

Date of Institution: 11.02.2021

Date of hearing: 03.08.2022

Date of Decision: 17.10.2022

COMPLAINT CASE NO.- 303/2020

IN THE MATTER OF

1.MR. RAJU LAL,

S/O MR. PREM LAL,

2.MS. LOTIKA LAL,

W/O MR. RAJU LAL,

BOTH AT:

R/O H. NO.- 302, SUNCITY HEIGHTS,

SECTOR-54, GURGAON, HARYANA-122002.

(Through: Mr. Kashish Sareen, Advocate)

…Complainants

VERSUS

ALMOND INFRABUILD PRIVATE LIMITED,

THROUGH ITS DIRECTORS,

OFFICE AT: 711/92, DEEPALI, NEHRU PLACE,

NEW DELHI – 110019.

(Through: Mr. Mohd. Irshad, Advocate)

…Opposite Party

C. NO. 303/2020 MR. RAJU LAL & ANR. VS. ALMOND INFRABUILD PVT. LTD. D.O.D.: 17.10.2022

ALLOWED

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CORAM:

HON’BLE

JUSTICE

SANGITA

DHINGRA

SEHGAL

(PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: None for the parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL

(PRESIDENT)

JUDGMENT

1.

The present complaint has been filed by the Complainants before

this Commission alleging deficiency of service and unfair trade

practice by the Opposite Party and has prayed the following:

a) Direct the Opposite Party to handover possession of the Unit

to the Complainant, complete in all respects and in conformity

with the Buyer’s Agreement and for the consideration

mentioned therein, with all additional facilities with

warranties and as per quality standards promised and execute

all necessary and required documents in respect of the said

Unit in favour of the Complainant immediately upon this

Complaint being filed before this Hon’ble Commission or as

this Hon’ble Commission deems fit and appropriate;

b) Direct the Opposite Party to pay interest @12% per annum

on the amount deposited by the Complainant with the

Opposite Party, with effect from the date of delivery promised

in the Agreement, till the date of actual possession as per

clause (a) above is handed over by the Opposite Party along

with all necessary documents and common areas and facilities

as promised during the initial booking made by the

Complainant;

c) Direct the Opposite Party for an immediate 100% refund of

the total amount paid by the Complainants along with a penal

interest of 18% per annum from the date of receipt of

payments made to the Opposite Party;

d) Direct the Opposite Party to pay compensation of

Rs.10,00,000 (Rupees Ten Lakhs Only) to the Complainant for

mental agony, harassment, discomfort and undue hardships

caused to the Complainant as a result of the above acts and

omissions on the part of the Opposite Party;

C. NO. 303/2020 MR. RAJU LAL & ANR. VS. ALMOND INFRABUILD PVT. LTD. D.O.D.: 17.10.2022

ALLOWED

PAGE 3 OF 8

2. Brief facts necessary for the adjudication of the present complaint

are that on 30.03.2016, the Complainants booked an Apartment

bearing no. 3043, 4^th Floor, Tower No. 3 with the Opposite Party in

the project ‘ATS Tourmaline’ situated at Sector-109B, Gurgaon,

Haryana for a basic sale price of Rs.1,45,10,000/-. An Apartment

Buyer Agreement was executed between the parties on 20.05.2016

and as per Clause 6.2 of the Apartment Buyer Agreement dated

20.05.2016, the Opposite Party had to complete the construction of

the said flat within 42 months from the date of execution of the

said Agreement. However, the Opposite Party sent possession cum

demand letter dated 09.08.2020, alongwith a demand of

Rs.18,33,774/- with respect to basic amount on possession, EDC

Charges, Interest free Maintenance deposit, etc. Till date the

Complainants have made a total payment of Rs.1,53,66,579/- as

and when demanded by the Opposite Part

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