Decided on February 14,2020

Experion Developers Pvt Ltd Respondents

Referred Judgements :-



Prem Narain, J. - (1.) This consumer complaint has been filed by the complainant Deepak Aggarwal alleging deficiency in service on the part of the opposite party Experion Developers Pvt. Ltd.
(2.) Heard the learned counsel for the parties and perused the record. Learned counsel for the complainant stated that the booking for a flat was made on 02.07.2012 and the agreement was signed on 20.12.2012. The said flat was transferred to the present complainant Deepak Aggarwal on 6.2.2013. As per clause 10 of the agreement, the possession was to be delivered within 42 months and the possession was due on 19.06.2016. Even, if the grace period of six months is considered, the time for possession expired on 19.12.2016. The possession was offered on 07.12.2017. As the facilities were not completed, the possession was not taken by the complainant. About two months before the date of possession, the opposite party sent a letter giving intimation for increase of area in the said flat. An increase in area was communicated and additional demand of 125 sq.ft. was also made by the opposite party. In support of his argument, learned counsel for the complainant referred to the following judgments:- 1. Rahul Pande Rao Vs. M/s. Unitech Limited, CC No.1035 of 2015, decided on 19.8.2016 (NC). It has been held that:- "10. ...... In my view, the opposite party cannot in law offer possession of the flats to the allottees, without obtaining the requisite Occupancy Certificate / part Occupancy Certificate which permits occupation of the allotted flats. The opposite party should also provide all the amenities and facilities as per its contractual obligations, since it will not be possible for the allottees to enjoy the possession of the flats without such facilities and amenities being in place. It goes without saying that the flats should otherwise be complete in all respects and should be in a habitable position at the time the possession is offered."
(3.) Learned counsel for the complainant further argued that if there is delay in handing over the possession beyond the committed date of possession, complainant will be entitled to seek refund along with compensation as has been held in Thangavel Palanivel & anr. Vs. M/s. DLF Southern Homes Private Ltd., CC No.304 of 2015, decided on 29.8.2016 as under:- 11. ...... In my view, since the opposite party committed default in performing its contractual obligation, by failing to offer possession of the flat to the complainants on or before the date committed in the Buyers Agreement, the complainants cannot be compelled to accept the possession of the said flat at this belated stage.";

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