Complaint Case No. 99 of 2017. Case: Kiranjit Kaur and Ors. Vs K. Soni Builders and Promoters (P) Ltd.. Chhattisgarh State Consumer Disputes Redressal Commission

Case NumberComplaint Case No. 99 of 2017
CounselFor Appellant: Bhupinder Kumar, Advocate
JudgesJasbir Singh, J. (President), Dev Raj and Padma Pandey, Members
IssueConsumer Law
Judgement DateMarch 31, 2017
CourtChhattisgarh State Consumer Disputes Redressal Commission


Jasbir Singh, J. (President), (Chandigarh)

  1. The complainants are wife and husband respectively. In this complaint, it is stated by them that allured by advertisements made by representative of the opposite party, regarding its project, launched under the name and style of 'KSB Royal Heights', Sector 126, Mohali, they had booked a flat, in the month of November 2014, on paying booking amount of Rs. 6 lacs

  2. The complainants were allotted flat No. 530 (2BHK), situated in Tower No. 15, having 1500 square feet area, in the said project. Total price of the said unit was fixed at Rs. 38 lacs. Agreement to Sell was signed between the parties, on 25.11.2014. As per Clause 10 of the said Agreement, possession of the unit was to be given to the complainants, on or before 31.03.2015, subject to force majeure circumstances. In case of delay, provision was also made to pay penal amount to the complainants. Very alluring pictures qua amenities to be provided and very tall claims were made stating that the project would consist of 18 towers, including parks, swimming pool, 24 hours power backup, 30-40 feet wide roads etc. It is further case of the complainants that to make payment towards price of the said unit, an amount of Rs. 29.40 lacs was obtained through loan, from ICICI Bank. Tripartite Agreement was signed between the parties, qua raising of the said loan amount. The said amount was also disbursed to the opposite party by the Bank, as per terms and conditions of the Tripartite Agreement. The complainants had been paying EMIs to the bank regularly. However, due to financial crisis, in the last quarter of year 2016, they were unable to pay EMIs regularly. It was further stated that in all, they have paid an amount of Rs. 37 lacs, in the following manner:-

  3. It is their case that afterwards, they came to know that half of the project has been shelved and development at the site is at stand still. When neither possession of the unit was offered nor any specific reply to the query raised was given, the complainants were forced to file the present complaint, seeking following relief:-

  4. refund the entire amount paid by the Complainant i.e. Rs. 37,00,000/- along with the interest @14% p.a. from the date of deposits till the date of payment.

  5. Pay Rs. 4,71,690/- as till 31.08.2016 along with future interest payable till possession, being the interest paid by the Complainant to the Bank on the payment made by the Bank directly to the Opposite...

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