Decided on January 07,2020

Sare Gurugram Private Limited Respondents


M.SHREESHA,J. - (1.) This Complaint is filed under Section 21 (a) (i) of the Consumer Protection Act, 1986 (in short "the Act"?) against M/s. M/s. Sare Gurugram Private Limited (hereinafter referred to as "the Developer"?), seeking the following reliefs: Direct the Opposite Party for an immediate 100% refund of the total amount of INR. 1,00,27,018/- (Rupees One Crore Twenty Seven Thousand and Eighteen only) paid by the Complainant, along with a penal interest of 18% per annum from the date of receipt of the payments by the Opposite Party; Direct the Opposite Party to pay compensation of Rs.5,00,000/- (Rupees Five Lakhs Only) to the Complainant for mental agony, harassment, discomfort and undue hardships caused to the Complainant as a result of the above acts and omissions on the part of the Opposite Party; Direct the Opposite Party to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the Complainant as a whole, towards litigation costs; That any other and further relief in favour of the Complainant (s) as the Hon'ble Commission may deem fit and proper in the fact and circumstances of the case."?
(2.) The brief facts as set out in the Complaint are that the representatives of the Developer approached the Complainant and persuaded him to book a flat in their project "Crescent ParC"? at Village Wazirpur and Mewka, in Sector-92, Gurgaon, by promising various amenities like: green area, clean environment, shopping arcade, school, club house, medical facilities, ample water supply, basement/open parking, 24 hour security, power backup and landscaped greens, club swimming pools, dining lounge, banquet hall, lawn, cafeteria, gym, squash court, library, restrobar, lawn tennis court, amphitheater etc. It was also assured that after the completion of construction, possession would be delivered within 36 months. Lured by these assurances and promises made, the Complainant has booked a Flat for residential purpose on 19.07.2012 by paying a booking amount of Rs.8,72,933/-. The Developer issued the Provisional Allotment Letter dated 03.08.2012 to the Complainant, whereby the Complainant was allotted Flat No. P051003, 10th Floor, Tower No. P05, "the Petioles"? Block admeasuring 2226 sq. ft.
(3.) The Flat Buyer's Agreement was executed between the Developer and the Complainant on 19.09.2012 and as per Clause 3.3 of the Agreement, the possession of the unit was to be delivered within 36 months from the date of commencement of construction with an additional period of 6 months as grace period. The basic price of the unit as per the Payment Plan of the Agreement was Rs.99,84,540/-, including car parking charges, EDC/IDC, Club membership, FFC Power backup, EEC and PLC but excluding taxes. The Complainant averred that some of the clauses are totally unreasonable and one sided and arbitrary. It is pleaded that as per Clause 3.3 of the Flat Buyer's Agreement, in case the Developer was not able to hand over the possession to the Complainant within the stipulated period, the Developer was liable to pay compensation, at the rate of Rs.5/-per sq. ft. for the period of delay, but, as per clause 2.3 of the Flat Buyer's Agreement, if there was any delay in payment of any amount due to the Allottees, the Developer would charge interest @ 18% p.a.;

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