In Re:

1.   Kailash Chandra Son of Shri S.C. Parihar Res. SF, 10A/126, Vasundhara, Ghaziabad, UP, 201012 & Other Buyer's                                      Petitioner's

//Versus//

1.   M/s Supertech Limited, Registered Office at:- 1114,11th Floor, Hemkunt Chamber, 89, Nehru Place, New Delhi-110019   Also At:- Shopprix Mall, C-134B, 2nd Floor, Sector 61, Noida ( U.P.), Pin Code-201301       Sole Respondent

APPLICATION UNDER SECTION 31 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016.

The Petitioner's abovenamed

Most Respectfully Sheweth

1.    That the Petitioner's are the consumers who had booked a Plot of land / Villas / Flats & Shops etc. for his personal use in the scheme launched by the Respondent .

2.    That the Petitioner's are a law abiding Indian citizen who commands respect from all corners of society and carries on his business of dealing in electrical appliances for his livelihood.

3.    That the Sole Respondent is a company duly registered with the Registrar of Companies and has its registered office mentioned here-in-above at New Delhi and also has other offices at various other places and at its sites. The Respondent Company claims to be a company that develops real estate and sells the same in shape of plots and flats. Further in its business it sub leases the land that is leased to it by various Development authorities like NOIDA, GREATER NOIDA AND YAMUNA EXPRESSWAY authorities.

PRAYER

In the facts and circumstances of the case it is most respectfully prayed that this Honorable Court may most graciously be pleased to

1. Direct the Opposite Party to hand over the possession of Plot of land / Villas / Flats & Shops etc. to the Complainants immediately, in habitable condition, being complete in all respects and segregate the “ongoing construction area” from the remaining area to ensure proper living condition and security and execute all the required documents for transferring/conveying the ownership rights in their favour in form of Sale Deed / Lease Deed / Sub-lease Deed.

2. Direct the Opposite Party to provide all infrastructural facilities (at no extra cost to the Complainants, except one time EDC/IDC) including (i) road, (ii) water, (iii) electricity, (iv) sewerage, complete with necessary governmental clearances, while handing over the physical possession of the Plot of land / Villas / Flats & Shops etc..

3. Direct the Opposite Party to provide fully operational common amenities and facilities, including

(i)                       Dedicated car parking

(ii)                      Club house

(iii)                     Hi-tech health club with swimming pool

(iv)                     Children’s play ground area

(v)                      Landscape park

(vi)                     High speed elevators

while handing over the physical possession of the Plot.

4. Direct the Opposite Party to provide third party audited report, regarding;

a. Measurement of the Plot of land / Villas / Flats & Shops etc. and common areas

b. Expenditure incurred by the Opposite Party under the head of external/internal development and water and electricity installation

c. Confirming that laying of PNG line is safe and economic.

5. Direct the Opp. Parties to pay delay compensation to the complainant's for the delay in handing over of possession, from expiry of the period as indicated in the buyer agreement/detailed terms and conditions (such period to be computed from the date of payment of the booking amount) until the actual physical possession of the apartment is handed over to the complainant (i.e. 75/- Sq yard Per Month).

6. Direct the Opposite Party to pay interest at the rate of eighteen percent (18%) per annum compounded monthly, on the total amount paid by the Complainants to the Opposite Party towards their Plot of land / Villas / Flats & Shops etc., from the expiry of possession times as per BBA until the actual physical possession with Registry of the respective Plots in terms of aforesaid prayer because in judgment of “Consumer Disputes Redressal Forum – X against case No 313/2012” 

(It is clear from the reply given by YEIDA that OP was not in position for handing over possession when offer of possession was made. OP has not even applied for completion certificate. The letter offering possession has also asked for sale/sub lease without any intention of getting the deed/sub lease registered. It stands established that OP, in order to wriggle out of clauses in its agreement with the buyers, had issued offer of possession in 2012 to defeat legitimate right of ordinary home buyers.

The consumers are well within their right to file complaint when there is commonality of interest and due permission has been sought form District Forum u/s 12 (c) of Consumer Protection Act. It is well settled proposition that remedy provided u/s 3 of CPA, 1986 is an independent and additional remedy and existence of arbitration clause in agreement to settle dispute will not debar Consumer Forum. OP by offering possession without even applying for completion certificate which is mandatory requirement for execution of sub lease deed with the concerned statutory authority, has indulged in deceptive trade practices which comes within the definition of unfair trade practice.

Hence holding the letter issued by OP for offer of possession in June 2012, as being against principle of justice and equity, we set aside the letter offering possession of flat.”

7. Direct the Opposite Party to charge the maintenance fee(reasonable) from the date when possession of the Plots are handed over with legal registry/deed and the aforesaid prayers have been complied with.

8. Direct the Opp. Parties for refund of additional & un-agreed Chagres Paid by us to Respondent's with interest @ 24% or which interest rate we have paid till date of payment.

9. Direct the Opp. Parties to pay a sum of Rs. 30 Lacs, to the each complainant, towards undue hardship and injury both physical and mental caused to them due to the acts of omission/commission on the part of Opp. Parties.

10. Direct the Opposite Party to pay at least a sum of ₹2 Lacs to the Complainants towards the cost of litigation.

11. Direct the opposite party to produce all the requisite sanction obtained from the relevant authorities.

12. To hold and declare the Opposite Parties jointly and severally to be guilty of deficiency in service and unfair trade practice as per the provisions of the Consumer Protection Act, 1986.

13. Declare that the various clauses of the Agreement are ‘unfair, ‘unreasonable’ and ‘biased’.

14. Direct Opposite Party to refrain from giving effect to the unfair clauses unilaterally incorporated in the Agreement to Sell; and

15. Pass such other or further order as this Hon’ble Commission / Courts deems fit and proper in the facts and circumstances of the present case.