SANJAY GUPTA Vs. THREE C SHELTERS PVT LTD
LAWS(NCD)-2020-7-58
NCDRC
Decided on July 20,2020

SANJAY GUPTA Appellant
VERSUS
Three C Shelters Pvt Ltd Respondents




JUDGEMENT

Prem Narain, J. - (1.) These consumer complaints have been filed by the complainants Sanjay Gupta & ors. as allotttes of the project "Greenopolis" situated in Sector 89, Gurgaon alleging deficiency in service on the part of the opposite parties Three C Shelters Pvt. Ltd. & anr. As the complaints have been filed with more or less similar prayer against the same opposite parties, therefore, they are being considered together and are being decided together. CC 3814/2017
(2.) The brief facts of the case are that the original allottee booked an Apartment in OP's project for total consideration of Rs.87,16,800/-. Through allotment letter dated 16.08.2012 Apartment no.1102 on 11th floor in Tower 11 was allotted and later on 24.08.2015, the same was endorsed in favour of complainant. The flat buyer's agreement was executed between the parties on 13.06.2013 issued to initial buyer was later on endorsed in favour of complainant on 24.08.2015. Opposite parties failed to deliver the possession in 42 months inclusive of 6 months grace period i.e. by 16.02.2016. Till date, complainant has paid Rs.75,96,776/- to opposite parties where last instalment was paid on 05.04.2016. The main prayers made in the complaint are as under:- To direct OP to refund Rs.75,96,776 amount paid to OP with 18% p.a. penal interest. To direct OP to pay compensation of Rs.5,00,000 & Rs.1,00,000 towards litigation costs. CC 3817/2017
(3.) The brief facts of the case are that Complainant booked an Apartment in OP's project for total consideration of Rs.1,07,92,880/-. Through allotment letter dated 20.09.2012 Apartment no.701 on 7th floor in Tower 23 was allotted. The flat buyer's agreement was executed between the parties on 09.5.2013. Opposite parties failed to deliver the possession in 42 months inclusive of 6 months grace period i.e. by 20.03.2016. Till date, complainant has paid Rs.95,01,749/- to opposite parties where last instalment was paid on 05.04.2016. The main prayers made in the complaint are as under:- To direct OP to refund Rs.95,01,749/- amount paid to OP with 18% p.a. penal interest. To direct OP to pay compensation of Rs.5,00,000/- & Rs.1,00,000/- towards litigation costs. CC 218/2018;


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