VIVEK CHOPRA Vs. M/S. ORRIS INFRASTRUCTURE PVT. LTD.
LAWS(NCD)-2020-9-24
NCDRC
Decided on September 28,2020

VIVEK CHOPRA Appellant
VERSUS
M/S. Orris Infrastructure Pvt. Ltd. Respondents




JUDGEMENT

- (1.) The present Consumer Complaint has been filed under Section 12(1)(c) read with Section 21 (a) (i) of the Consumer Protection Act, 1986 (for short "the Act") by 57 persons (hereinafter referred to as the Complainants), against M/s. Orris Infrastructure (P) Ltd. (hereinafter referred to as the Developer).
(2.) According to the Complainants, since all the Complainants have booked their respective Apartments in the same Project of the Developer, all the Complainants have entered into identical Apartment Buyer Agreement (hereinafter referred to as Agreement) with the Developer; the issue involved in their cases is similar, inasmuch physical possession of the Apartments, booked by them, has not been handed over by the Developer within the committed period, and resultantly same Reliefs have been prayed for by all the Complainants, the present Complaint is proposed to have been filed in a Representative Capacity under the aforesaid Provision. Vide Order dated 27.07.2017, the Application to file the present Complaint in the Representative Capacity under Section 12(1) (c) of the Act had been allowed.
(3.) According to the Complainants, the Developer is engaged in the business of Construction and Real Estate. The Developer launched a new Residential Apartment Project, i.e., 'Orris Aster Court Premier' located at Sector 85, Gurgaon, Haryana (hereinafter referred to as the Project). Allured by the representations and assurances given by the Developer that they have the international repute of developing and selling Residential and Commercial Complexes; they had successfully launched several Residential and Commercial Complexes in different part of the Country; they deliver high quality structures with superior functionality within the agreed time frame; necessary approvals for the Project have been arranged, the Complainants booked Apartments in the Project with the Developer between 2011 to 2014. Identical Apartment Buyer Agreements (hereinafter referred to as the Agreement) were executed between the Complainants and the Developer. As per terms of the Agreement, possession of the Apartments was to be delivered within 36 months plus grace period of 6 months, from the date of execution of the Agreement. As per demands of the Developer, the Complainants deposited 90% to 95% of the total consideration with the Developer. The Complainants visited the site to see the progress of the Project but they were shocked to see that the Project was far from completion. They found that the actual construction was inconsistent with initial representations and commitments. The Project was to be completed by January 2015 but on enquiry the Developer admitted that out of 12 Towers, it would develop only 5 Towers first and rest of the Towers will be developed later. The Developer cannot be permitted to hand over the possession in piecemeal and to continue construction activities at the Project site for years together. Whenever, the Complainants enquired about the actual date of possession of the Apartment, the Developer kept on giving new date of possession on one pretext or the other despite receiving 90% to 95% of the total consideration. The Complainants had lost faith and trust on the Developer and requested the Developer for refund of the deposited amount, but in vain. The Complainants have alleged that on account of possession of the Apartments not being handed over to the Complainants within the committed period, they are suffering extreme kind of mental distress, pain and agony. The harassment is two-fold as on one hand, they are paying huge interest on the money paid to the Developer while on the other hand, they are incurring huge cost/rent/loss of rent due to non-availability of the said residential apartments. Alleging deficiency in service and Unfair Trade Practice on the part of the Developer, the Complainants have filed the present Complaint with the following prayer:- "a) direct the Respondent to refund the payments made to the Respondent by the flat owners of "Orris Aster Court Premier" housing project at Sector 85, Gurgaon, Haryana along with interest @15% per annum for first 90 days and @18% p.a. from 91st day on the amounts paid, till date of actual payment; b) direct the Respondent to pay a sum of Rs.10 lacs to the Complainants and/or other flat owners for each Flat of "Orris Aster Court Premier" housing project at Sector 85, Gurgaon, Haryana towards undue hardship and injury, both physical and mental, caused to them due to acts of omissions and commissions on the part of the Respondent; c) direct the Respondent to pay a sum of Rs.5 lacs to the Complainants towards the cost of the litigation......;" ;


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