MORPHEUS DEVELOPERS PRIVATE LTD Vs. RAVI RANJAN
LAWS(NCD)-2020-3-16
NCDRC
Decided on March 04,2020

MORPHEUS DEVELOPERS PRIVATE LTD Appellant
VERSUS
RAVI RANJAN Respondents




JUDGEMENT

V.K.Jain, J. - (1.) The complainants/respondents no.1 in these appeals booked residential flats with the appellant in a project namely 'Morpheus Pratiksha' which the appellant was to develop on Plot No.GH-16A in Sector-1 of Greater Noida (West). On allotment of residential flats to them, they executed agreements with the appellant in May 2015. In terms of clause 19(a) of the agreement, the development was to be completed within 36 months of start of excavation/signing of the agreement which could vary by + six months. The possession, calculated from the date of the execution of the agreements, therefore, ought to have been offered after completing the construction by November 2018 after giving the benefit of the grace period of six months to the appellant.
(2.) The purchase of the apartments was financed by the complainants partly through loan taken from respondent no.2 DHFL under a subvention scheme. Under the said scheme designed by the appellant by way of a special arrangement with DHFL, the flat buyers were not liable towards any interest or pre-EMI for 36 months or till the date of possession whichever was to be earlier. The liability of the flat buyers to pay the EMIs was to commence on completion of 36 months or on receiving possession whichever was to be earlier.
(3.) The grievance of the complainants is that the project was not completed and consequently, the possession was not offered to them despite they having made substantial payment to the appellant directly as well as through the loan taken from DHFL under the subvention scheme of the appellant. The complainants therefore, approached the concerned State Commission by way of separate Consumer Complaints seeking refund of the amount which they had paid alongwith compensation etc.;


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