NEENA BHARDWAJ Vs. THREE C SHELTERS PVT. LTD.
LAWS(NCD)-2020-7-12
NCDRC
Decided on July 20,2020

Neena Bhardwaj Appellant
VERSUS
Three C Shelters Pvt. Ltd. Respondents




JUDGEMENT

PREM NARAIN,PRESIDING MEMBER, J. - (1.) These consumer complaints have been filed by the complainants Nitin Gupta and others who are the allottees 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 prayers against the same opposite parties, therefore, they are being decided together.
(2.) The brief facts of the case are that the original allottee booked an Apartment in OP's project for total consideration of Rs.83,01,800/-. Through allotment letter dated 28.08.2012 Apartment no. 1001 on 10th floor in Tower 11 was allotted to initial buyer and later, on 31.03.2014 it was endorsed in favour of the complainant. The Flat Buyer's Agreement was executed between the parties on 21.05.2013 with the earlier buyer and endorsed in favour of complainant on 31.03.2014. The opposite parties failed to deliver the possession in 42 months from the date of allotment inclusive of 6 months grace period i.e. by 28.02.2016. Till date, Complainant has paid Rs.73,45,239/- to the opposite parties and the last installment was paid on 26.03.2016. Possession has not been offered to the complainant as yet. Hence, this complaint with the following prayers:- "(i) Direct the opposite party for an immediate 100% refund of the total amount of Rs.73,45,239/- (Rupees Seventy Three Lacs Forty Five Thousand Two Hundred Thirty Nine only) paid by the complainant, along with a penal interest of 18% per annum from the date of receipt of each payments made to the opposite party(s); (ii) Direct the opposite party(s) to pay compensation of Rs.5,00,000/- (Rupees Five Lakhs only) to the complainant(s) for mental agony, harassment, discomfort and undue hardships caused to the complainant(s) as a result of the above acts and omissions on the part of the opposite party(s); (iii) Direct the opposite party (s) to pay a sum of INR.1,00,000/-(Rupees One lakhs only) to the complainant (s) as a whole, towards litigation costs; (iv) Pass any other order and/or 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." CC 3815/2017
(3.) The brief facts of the case are that Complainant booked an Apartment in OP's project for total consideration of Rs.83,01,800/-. Through allotment letter dated 25.08.2012 Apartment no. 1004 on 10th floor in Tower 9 was allotted. The Flat Buyer's Agreement was executed between the parties, after a delay of more than 1yr i.e. on 09.05.2013. OPs failed to deliver the possession in 42 months inclusive of 6 months grace period i.e. by 25.02.2016. Till date, Complainant has paid Rs.72,45,394/- to OPs, and the last installment was paid on 08.01.2016.Possession has not been offered to the complainant as yet. Hence, this complaint with the similar prayers as in CC No.2781 of 2017. CC 3816/2017 ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.