PAVAN DATTA vs MAGIC EYE DEVELOPERS PVT LTD

Order pronounced. The respondent-promoter is directed to refund the paid-up amount of Rs. 15,75,395/- after deducting 10% of the basic sale consideration of the unit i.e. Rs.32,58,500/- being earnest money after adjusting the amount already credited in the account of the complainant, if any along with interest @ 11% p.a. on the refundable amount, from the date of surrender i.e 20.01.2017 till the actual date of refund of the amount after adjustment of  amount already paid. Detailed order will follow. Matter stands disposed off.

The present complaint was received on 30.08.2022 and reply on behalf of respondent was filed on 21.11.2022. Succinct facts of the case as per complaint and annexures are as under: S. No. Particulars Details 1. Name and location of the project The Plaza, Sector-106 2. Unit no. 0204, T-B1 [pg. 52 of complaint] 3. Unit area admeasuring (Super area) 700 sq. ft. [pg. 52 of complaint] 4. Allotment Letter 06.03.2014 [pg. 45 of complaint] 5. Date of buyer’s agreement  07.03.2014 [pg. 47 of complaint] 6. Possession Clause 9.1 Three years from the date of execution of agreement with two grace periods of six months each…… 7 Due date of possession 07.03.2017 [note: grace period not included] 8. Total sale consideration Rs. 43,90,476/- as per applicant ledger dated 26.09.2022 9. Amount paid by the complainant Rs. 15,81,083/- as per applicant ledger dated 24.09.2019 10. Request for refund through an email dated 20.01.2017 , 20.08.2018 , 08.09.2018 11. Occupation certificate 28.11.2019. 12 Offer of possession 30.11.2019 13 Cancellation letter 23.11.2021 The counsel for the  complainant is seeking refund as due date of possession including grace period  was 07.03.2018. The complainant had sent a mail for withdrawing from the project on 20.01.2017 which is Annexure C7 at page 72 of the complaint. The counsel for the respondent states that  the complainant himself has stated in the relief sought in the main complaint for refund of the amount  after deduction of 6,35,344/- already paid as full and final settlement by the developer. The counsel for the complainant states that no doubt the complainant had received Rs.6,35,344/- but the same was without prejudice to our rights and under protest. Arguments heard. Both the counsels for the parties are directed to file written submissions within a period of 15 days with an advance copy to each other. Matter to come up on 02.08.2024 for pronouncement of order.

Matter is adjourned to 12.07.2024.