RAM SURAT RAM (MAURYA),J. - (1.)Heard Mr. Nitin Tripathi, Advocate, for the complainant and Mr. Siddharth Banthia, Advocate, for the opposite party.
(2.)Gaurav Gupta has filed above complaint for directing the opposite party to (i) complete the project and deliver possession of the apartment to the complainant or to refund the amount paid by the complainant with interest @12% p.a. for the period beyond 36 months from the date of booking; (ii) reimburse the interest which the complainant had to pay to HDFC Bank; (iii) pay Rs.3550000.00 as compensation for equivalent alternative accommodation; (iv) pay a sum of Rs.10.00 lakhs as compensation for mental harassment/torture; (v) pay litigation expenses to the complainant; and (vi) pass such order as this Commission may deem fit and proper in the facts and circumstances of the case.
(3.)The complainant stated that allured by the advertisement of the opposite party, the complainant booked an apartment in Raheja Revanta project on 15/11/2011 by paying booking amount of Rs.1036910.00. On 21/4/2012, the opposite party allotted apartment No.IF 32-03, Independent Floors, Raheja Ravanta, Sector-78, Gurgaon-122001 measuring approximately 1960.84 sq. ft. super area on 2nd floor and a court/terrace area of 225.61 sq. ft. Relying on the assurances of the opposite party, the complainant further paid an amount of Rs.6.00 lakhs on 30/4/2012. Thereafter, agreement to sell was executed between the parties on 27/7/2012. As per terms of the agreement, the complainant paid about 95% of the sale consideration till November, 2016. The complainant paid total amount of Rs.90.00 lakhs to the opposite party by May, 2015. Thereafter the complainant applied for house loan with HDFC Bank Ltd. and a tripartite agreement was also executed between the parties in May, 2015. As per ledger account of the opposite party, the complainant paid a sum of Rs.10499349.00 to the opposite party. Possession of the apartment was to be given within 36 months from the date of booking with a grace period of 6 months. The opposite party failed to hand over possession of the apartment within the stipulated period. The complainant has paid Rs.26,39,789.00 as interest to the HDFC Bank and thereafter is not in a position to pay EMI to the bank. Therefore, the complainant has written letter dtd. 24/5/2018 seeking cancellation of allotment and refund of the amount deposited, which they failed to do. The complainant sent legal notice dtd. 28/7/2018 seeking refund of the amount but in vein. Alleging deficiency in service on the part of the opposite party, the complainant filed the instant complaint on 24/9/2018.