ORDER

DR.INDER JIT SINGH, MEMBER

OR in the alternate:

-Failure to transfer the right, title and interest in the Apartment along with all the easements and get the registration of conveyance deed of the Apartment for last 6 years out of 8 years since 2014. Still in continued suspension since March 2018 till date.

These issues have been briefly discussed in Table at Annexure-B.

(i) The OP shall refund the entire principal amount of Rs.1,07,33,860/- (Rs.one crore seven lakh thirty three thousand eight hundred sixty only) to the complainants, alongwith compensation in the form of simple interest @ 9% per annum from the date of each payment till the date of refund.  The principal amount refundable mentioned in this para is subject to verification of actual amount paid by the complainants based on receipts etc.

(ii)  The OP shall pay a sum of Rs.25,000/- as cost of litigation to the  complainants.

(iii)  The payment in terms of this order shall be paid within three months  from today.

(iv) In case the complainants have taken loan from Bank(s)/other financial institution(s) and the same/any portion of the same is still outstanding, the refund amount will be first utilized for repaying the outstanding amount of such loans and balance will be retained by the complainants.  The complainants would submit the requisite documents from the concerned bank(s)/financial institution(s) to the OP four weeks from receipt of this order to enable them to issue refund cheques/drafts accordingly.

Annexure-A

Details of the Unit and other related details

Sr No

Particulars

1

Project Name/Location etc.

Godrej Frontier’ Sector-80, Gurgaon-Manesar Urban Complex, Gurgaon 

2

Apartment no.

  H-1103

3

Size (Built up/Covered/Super Area)

 2262 sq.ft.

4

Date of application

 23.10.2010

5

Date of allotment

 23.12.2010

(original allottee)

01.09.2012

(complainant(s)

6

Date of signing Apartment Buyer’s Agreement (ABA)

 03.09.2012

7

Committed date of possession as per Agreement (with six months’ Grace period)

 03.10.2014

8

In case the Complainant(s) are not the original allottees, D/o Transfer by the OP in the name of Complainant(s)

 22.08.2012

9

D/o Obtaining OC by the OP

 16.10.2014

10

D/o Offering Possession

 01.11.2014

11

Total Consideration as per agreement

 Rs.1,02,20,053/-

12

Amount Paid as per complainants

 Rs.1,07,33,860/-

13

D/o Filing CC in NCDRC

 26.10.2018

14

D/o Issue of Notice to OP(s)

 06.11.2018

15

D/o Filing Reply/Written Statement by OP

 21.01.2019

04.09.2019(amended reply)

16

D/o filing Rejoinder by the Complainant(s)

 29.03.2019

17

D/o Filing Evidence by way of Affidavit by the Complainant(s)

 27.05.2019

18

D/o Filing Evidence by way of Affidavit by the OP

 04.09.2019

19

D/o filing Written Synopsis by the Complainant(s)

11.05.2021

17.05.2022

06.02.2023

20

D/o filing Written Synopsis by the OP

17.05.2022

Annexure-B

Sr.No.

(1)

Issues raised by the complainants/Prayers.

(2)

Plea/Contention of the Complainant(s)

(3)

Plea/Contention of the OP(s)

(4)

Remarks/Observations of the Commission

(5)

1.

The terms of ABA dated 03.09.2012 not fulfilled by the OP-Non-marketable title of OP on the property.

(i) OP was obliged to  sell the Apartment and transfer the right, title and interest in the Apartment along with all the easements, privileges, rights and benefits attached thereto, but the same has not been done even till date.

(ii) as per Clause 1.1 of the ABA, in lieu of the payment consideration, the complainants agreed to purchase the Flat free from encumbrances along with all easements, privileges, rights and benefits attached thereto along with proportionate undivided interest in the Common Areas and Facilities necessary for the adequate use and enjoyment.

(iii) Opposite Party has breached the ABA and has failed to provide right, title and interest on the said Apartment in terms  of the ABA and therefore the Complainant is entitled to seek refund of the entire sale consideration along with reasonable interest.

OP denies the allegation of not having a clear, proper and/or marketable title or its not being freehold statin