- (1.)The present Consumer Complaint has been filed Under Sec. 21 read with Sec. 12(1)(a) of the Consumer Protection Act, 1986 (for short "the Act") by the Complainants against the Opposite Party, M/s. Ansal Housing and Construction Ltd. (hereinafter referred to as the "Developer") seeking refund of Rs.82,89,574.00 paid by the Complainants towards purchase of the Residential Apartment in the Project of the Developer, i.e. "Ansal Highland Park", along with interest and costs as the Developer has miserably failed to hand over the possession of the booked Apartment within the prescribed time.
(2.)The facts leading upto the present Complaint are that on 6/12/2012, the Complainants had booked a Residential Apartment in the Group Housing Project, namely, "ANSAL HIGHLAND PARK", proposed to be developed by the Developer at Sector 103, Gurgaon, Haryana. The Apartment Buyer's Agreement (hereinafter referred to as "the Agreement") was executed between the parties on 4/4/2013. Complainants were allotted Unit No. EDNBG-1502, having approximate Sale Area of 1940 sq. ft. at the basic rate of Rs.4909.28 per sq. ft. for total Sale Consideration of Rs.1,02,31,440.00 including charges for EDC, IDC, PLC and Club Membership Charges. The allotment of the Apartment was confirmed by letter dtd. 22/12/2014, wherein the Developer had incorrectly mentioned date of booking as 5/4/2013, whereas originally the Apartment was booked on 6/12/2012.
(3.)As per Clause 31 of the Agreement, possession of the booked Unit was to be handed over to the Complainants within 48 months from the date of execution of the Agreement or within 48 months from the date of obtaining all the required sanctions and approval necessary for commencement of constructions, whichever is later, along with grace period of six months. According to the Complainants, the possession of the booked Apartment was to be delivered by the Developer latest by 4/10/2017 including the grace period of six months. The Complainants had paid an amount of Rs.82,89,574.00 i.e. 83% of the total Sale Consideration towards the purchase of the Apartment to the Developer, however, despite having received such a huge amount, they have failed to deliver the possession in terms of the Agreement. The Complainants have obtained the Home Loan of Rs.55,00,000.00 from the Housing Development Finance Corporation Limited (for short, "the HDFC") at the interest rate of 10.50% p.a. to ensure timely payment to the Developer but because of malafide act of the Developer, they are under a financial burden as they have to pay the instalment of the loan amount of the Apartment which is nowhere near completion. It is stated by the Complainant that the Developer has stalled the work of the Project. It is alleged that the Developer continued to collect significant amount of money from the Complainants even when they were not in a position to handover timely possession and till date they are not in a position to inform the excat date of handing over the possession of the Apartment. It is further stated by the Complainant that the terms and conditions of the Agreement are one-sided, unjust, unfair and arbitrary. The Developer has no reasonable justification for the inordinate delay in construction of the Project and none of the circumstances resulting in delay were beyond their control. The Developer had fraudulently diverted the funds collected from the Complainants and other Buyers to its some other Projects. It is stated that the Complainants have spent valuable time and resources while visiting the office of the Developer and making representations, which had been to no avail. Therefore, the Complainants urge that they are no longer interested in taking possession of the Apartment and aggrieved by the callous approach and deficient service of the Developer, they are before us with following prayer:-
"a) Direct the Opposite Party, for an immediate 100% refund of the total amount of Rs.82,89,574.00 (Rupees Eighty Two Lacs Eighty Nine Thousand Five Hundred and Seventy Four Only) paid by the consumer/buyer/Complainant in the project "ANSAL HIGHLAND PARK" at Sector 103, Gurgaon, along with a penal interest of 18% per annum from the date of receipt of payments made to the Opposite Parties;

b) Direct the Opposite Party, to refund wrongfully charged taxes, which included but not limited to Service Tax, and other charges along with the interest on that amount at the rate of 12% from the date of receipt of such wrongfully levied charges and taxes;

c) Direct the Opposite Party to pay compensation, jointly or severally, of Rs.5,00,000.00 (Rupees Five Lakh Only) to all the consumers/buyers, individually, in "ANSAL HIGHLAND PARK" at Sector 103, Gurgaon for mental agony, harassment, discomfort and undue hardships caused to them as a result of the above acts and omissions on the part of the Opposite Party;

d) Direct the Opposite Party to pay, a sum of Rs.2,00,000.00 (Rupees Two Lakhs Only) to the consumer in the "ANSAL HIGHLAND PARK" at Sector 103, Gurgaon, towards litigation costs;

e) Pass any other order and/or further relief in favour of the consumers in the "ANSAL HIGHLAND PARK" at Sector 103, Gurgaon as the Hon'ble Commission may deem fit and proper in the fact and circumstances of the case."