- (1.)Heard Mr. Amit Singh Chauhan, Advocate, for the complainants and Mr. Sukumar Pattjoshi, Sr. Advocate, assisted by Mr. Daksh Pandit, Advocate, for the opposite party.
(2.)Ramesh Radia and Indira Radia have filed above complaint for directing the opposite party to (i) refund Rs.9854945.00 with interests @18% per annum from the date of respective deposit till the date of refund; (ii) pay Rs.2000000.00, as compensation for mental agony and harassment; (iii) pay Rs.250000.00 as the costs of litigation; (iv) pay travelling and other expenses; and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.
(3.)The complainants stated that the opposite party was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project and selling its unit to the prospective buyers. The opposite party launched a group housing project, in the name of 'Pavilion Court' at Jaypee Greens, Sector-128, Noida, in the year 2008 and made wide publicity of its facilities and amenities, like open spaces, club, golf course, basketball and badminton courts, gymnasium, supermarket, shops etc. The complainants personally met with Vice-President, Marketing and other officials in April, 2008 and they confirmed that amenities mentioned above would be provided. Believing on the representations of the opposite party, the complainants booked a flat in the said project and deposited Rs.800000.00 as the booking amount on 12/5/2018. The opposite party issued Provisional Allotment Letter dtd. 18/7/2008, allotting Flat no.P-6-103, super area 1600 sq.ft.+ two car parking spaces, total consideration of Rs.7924000.00. In allotment letter, period for delivery of possession was mentioned as 36 months and in Standard Terms and Conditions, a grace period of 90 days was given. Annexure V of the allotment letter provides payment plan as 'construction link payment plan'. As per demand, the complainants deposited Rs.712000.00 on 11/8/2008, Rs.696000.00 on 23/10/2008, Rs.696000.00 on 15/1/2009, Rs.696000.00 on 26/9/2009 and Rs.1913700.00 on 25/3/2010. The opposite party issued a Cancellation Notice dtd. 7/3/2011. The complainants, vide letter dtd. 30/3/2011, replied that as above payments have not been confirmed as such no further payment was made. Thereafter, the complainants deposited Rs.1913700.00 on 1/4/2011 and Rs.2553777.00 on 26/5/2011 (total Rs.7567477.00). Due date of possession expired on 2/5/2011 but the opposite party did not offer possession. The complainants and their representative visited the site during 2010 to 2015 many times and found that the construction was not progressing on the spot. On inquiry, the officials of the opposite party used to give some vague reply. In November, 2015, the opposite party raised demand of Rs.2277397.00 towards principal amount and Rs.1436046.05 towards interest. The complainants, through email dtd. 29/11/2015, protested the demand and stated that they had overpaid Rs.1299980.00; as the construction was delayed as such no interest was liable to be charged; they requested either to waive the interest or to refund their amount with interest. The opposite party then issued letter dtd. 18/12/2015, offering possession along with demand letter for Rs.4021473.53. A perusal of statement of account shows that super area has been increased from 1600 sq.ft to 1819.98 sq.ft. and some of the payments made by the complainants were not shown in statement of account. On much deliberation, the opposite party told to deposit Rs.2277397.00 and his account would be verified. The complainants deposited Rs.396155.84, Rs.870066.45 and Rs.1011174.71 on 11/1/2016. The complainants wrote an emails dtd. 8/2/2016, 10/2/2016, 16/2/2016, 2/5/2016 and 2/3/2018 to verify their deposits and correct statement of accounts but the opposite party did not respond. The complainants tried to inspect the flat during 2016 to 2018. The opposite party permitted inspection of the flat in May, 2018. On inspection, the complainants found that there were various deficiencies and the flat was not golf course facing. They, through email dtd. 24/6/2019, pointed out deficiencies in construction and protested in respect of increase of super area and change of preferential location. But the opposite party avoided reply. Then this complaint was filed on 31/5/2019.