Decided on September 08,2020

Anant Agrawal S/O. Shri Hemant Kumar Agarwal Appellant
M/S. Indiabulls Real Estate Ltd Respondents


V.K.JAIN, PRESIDING MEMBER (ORAL), J. - (1.) The appellant/complainant booked a residential apartment with respondent no.1 in a project namely 'Centrum Park', which respondent no.1 is developing in Sector-103 of Gurgaon. The booking was made vide cheque dated 28.03.2017 drawn in favour of respondent no.2 which is stated to be a subsidiary of respondent no.1. The case of the appellant/complainant is that the builders had promised to deliver possession of the apartment within one year. However, as per the terms and conditions of the agreement executed between the parties on 17.05.2017, the possession was to be delivered within a period of three years and a grace period of six months was also available to the builders for this purpose. The grievance of the complainant/appellant is that despite he having paid Rs.20,65,156/- from his own pocket and Rs.19,03,886/- through respondent no.4 besides making payment of Rs.1,85,481/- towards VAT, the possession was not delivered to him. The complainant therefore, approached the concerned State Commission by way of a Consumer Complaint filed in the year 2019, seeking refund of Rs.39,69,042/- with interest and compensation.
(2.) The State Commission, relying upon clause 21 of the agreement executed between the complainant and the developer, noted that the possession could be delivered to the complainant by November 2020. The complaint was therefore, dismissed as premature without issuing notice to any of the opposite parties. Being aggrieved, the complainant/appellant is before this Commission.
(3.) Clause 21 of the Agreement reads as under: 21. The developer shall endeavor to complete the construction of the said building/unit within a period of three years, with a six months grace period thereon from the date of execution of the Flat Buyers Agreement subject to timely payment by the Buyer(s) of Total Sale Price payable according to the Payment Plan applicable to him or as demanded by the Developer. The Developer on completion of the construction/development shall issue final call notice to the Buyer, who shall within 30 days thereof, remit all dues and take possession of the Unit. In the event of his/her failure to take possession of the Unit within the stipulated time for any reason whatsoever, he/she shall be liable to bear all taxes, levies, outflows and maintenance charges/cost and any other levies on account of the allotted Unit alongwith interest and penalties on the delayed payment, from the dates these are levied/made applicable irrespective of the fact that the Buyer has not taken possession of the Unit or has not been enjoying benefit of the same. The Buyer in such an eventuality shall also be liable to pay the holding charges @ Rs.5/- per sq. ft. (of the super area) per month to the Developer, from the date of expiry of said thirty days till the time possession is actually taken over by the Buyer.;

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