ORDER

J U D G E M E N T

PER MR. JUSTICE RAM SURAT RAM (MAURYA), MEMBER 

1.      Heard Mr. Sushil Kaushik, Advocate, for the complainants and Mr. Ankit Singhal, Advocate, for the opposite party.

2.      Priyanka Chopra and Vijay Kumar Chopra have filed CC/2062/2019 for directing the opposite party to (i) refund entire amount deposited by them with interest @18% per annum from the date of respective deposit till the date of refund; (ii) pay Rs.500000/- as compensation for mental agony and harassment; and (iii) any other relief which is deemed fit and proper in the facts of the case. Priyanka Chopra is the daughter of Vijay Kumar Chopra. The complainants stated that M/s. Greenway Infrastructure Private Limited was a company, registered under the Companies Act, 1956 and engaged in business of development and construction of group housing project. The opposite party launched a project of plotted colony in the name of “Greenway Golf Village” at Plot No.TS-06, Sector 22-D, Yamuna Expressway, Gautam Budh Nagar, in the year, 2011 and made wide publicity of its amenities and facilities. The opposite party assured that possession would be given within 18 months from the date of allotment. Believing upon the representations of the opposite party, the complainants booked a plot and deposited booking amount of Rs.100000/-. The opposite party allotted Plot No.B-41, area 500 sq. yards total cost of Rs.9650000/- on 28.02.2011. Payment plan was “development link payment plan”. As per demand, the complainants paid the instalments time to time. The opposite party however failed to handover possession within 18 months from the date of allotment. The complainants used to inquire about the possession from the opposite party time to time but did not receive any satisfactory reply. The complainants wrote a letter dated 18.06.2014 to the opposite party for refund of their money. Then the opposite party held meeting with the complainants and proposed to change the plot allotted to earlier. The opposite party, vide letter dated 12.08.2014, informed that they had changed Plot No.B-64, area 498 sq. yards in place of Plot No.B-41, area 500 sq. yards. Thereafter, a Confirmation Agreement was executed on 06.01.2015. In clause-4.1 of the Confirmation Agreement, the opposite party unilaterally changed the date of delivery of possession as 18 months from the execution of Confirmation Agreement. Said period has also expired but the opposite party has failed to handover possession. As per demand, the complainants deposited Rs.8944080/- till September, 2015. Due to inordinate delay, purpose of booking the plot has frustrated. Then this complaint was filed on 17.10.2019.

3.      Vijay Kumar Chopra and Anita Chopra and have filed CC/2063/2019 for directing the opposite party to (i) refund entire amount deposited by them with interest @18% per annum from the date of respective deposit till the date of refund; (ii) pay Rs.500000/- as compensation for mental agony and harassment; and (iii) any other relief which is deemed fit and proper in the facts of the case. The complainants stated that M/s. Greenway Infrastructure Private Limited was a company, registered under the Companies Act, 1956 and engaged in business of development and construction of group housing project. The opposite party launched a project of plotted colony in the name of “Greenway Golf Village” at Plot No.TS-06, Sector 22-D, Yamuna Expressway, Gautam Budh Nagar, in the year, 2011 and made wide publicity of its amenities and facilities. The opposite party assured that possession would be given within 18 months from the date of allotment. Believing upon the representations of the opposite party, the complainants booked a plot and deposited booking amount of Rs.100000/-. The opposite party allotted Unit No.B-42, area 500 sq. yards total cost of Rs.9650000/- on 28.02.2011. Payment plan was “development link payment plan”. As per demand, the complainants paid the instalments time to time. The opposite party ho