ORDER

DR.INDER JIT SINGH, MEMBER

1.   The present batch of Consumer Complaints (CCs) have been filed by the Complainant(s) against Opposite Parties as detailed above, inter alia praying for directions to the OP(s) for:-

(vi)    Refund of Administration Charges.

(vii)   Refund of illegally charged amount on account of excessive area

Charges.

(viii)  Refund of illegally charged amount on account of BOCW Welfare

Cess.

(ix)    Refund of illegally charged amount on account of failure to provide Italian marble floors in drawing and dinning room promised in the agreement/brochure and shown in the sample flat.

(x)     Refund of illegally charged amount on account of failure to provide hardwood doors promised in the agreement/brochure and shown in the sample flat.

(xi)    Refund of illegally charged amount on account of failure to provide Kohler fittings in the bathrooms as promised in the agreement/brochure and shown in the sample flat.

(xii)   Compensation for delay in providing basement parking.

(xiii)  Compensation for non -existent and deficient 

          common area facilities.

xiv)   Compensation for exposing complainants to extreme risk and hazard

on account of poor mechanical, electrical and plumbing work.

(xv)   Compensation for physical and mental harassment/agony.

(xvi)   Pay cost of litigation.

(xvii)  Grant pendent lite and future interest @18% p.a. on the prayed

amounts under different heads stated above.

(xviii) Return the satisfaction note, no objection note, handing over/ taking

over note and other blank papers which were forcibly got signed by it from the complainants before the registration of the apartments.

2.       Since the facts and question of law involved and the reliefs prayed for in these complaints are similar/identical and against the same Opposite Parties except for minor variations in the dates, events and flat numbers etc., which are summarized in the Table at Annexure –A, these complaints are being disposed off by this common order. However, for the sake of convenience, Consumer Complaint (CC) No. 1512 of 2017 is treated as the lead case and facts enumerated herein under are taken from CC 1512/2017.

3.   Notice was issued to the OP(s).  Parties filed Written Statement/Reply, Rejoinder, Evidence by way of an Affidavit and Written Arguments/Synopsis etc. as per details given in the Table at Annexure-A.  The details of the flats allotted to the Complainant (s)/other relevant details, based on pleadings of the parties and other records of the case are also given in the Table at Annexure-A.

4.  Brief facts of the case, as emerged from the pleadings of the parties and other case records are that:-

i)    A flat No. C6-501 in the project of OP-1, ‘The Legend’, in Sector 57, Gurgaon was originally allotted to one Mr. Q.R. Gupta (HUF) on 18.11.2006 and subsequently a Buyer’s Agreement was executed between Q.R. Gupta HUF and OP-1 on 18.11.2006.  Thereafter, the Complainants purchased the said unit from the original allottee and stepped into the shoes of original allottee by means of an endorsement by OP-1 on the said Buyer’s Agreement dated 18.11.2006. Vide letter dated 11.09.2008, OP-1 transferred all rights, direct or indirect, pertaining to the said flat, in the name of complainants, alongwith complete deposited amount of Rs.48,04,344/- against the said flat.

ii)      As per said Agreement dated 18.11.2006, the committed date of completion of the said unit is 36 months from the date of start of construction of the tower in which the said unit is located or from the execution of the agreement, whichever is later, subject to force majeure circumstances and on receipt of all payments punctually as per agreed terms.

iii)     The construction of the tower where the said flat was located was completed on 14.10.2009 and OP-1 applied for Occupation Certificate (OC) on 14.10.2009.  OP-1 obtained OC on 12.10.2010 and thereafter issued final call letters dated 23.10.2010 to complainants asking them to take over the possession of the unit.   A