SPRINGDALE CORE CONSULTANTS PVT LTD Vs. PIONEER URBAN LAND AND INFRASTRUCTURE LTD
LAWS(NCD)-2020-7-49
NCDRC
Decided on July 14,2020

Springdale Core Consultants Pvt. Ltd. Appellant
VERSUS
Pioneer Urban Land And Infrastructure Ltd. Respondents

JUDGEMENT

V.K. Jain, Presiding Member - (1.) The complainant company booked a residential apartment with the opposite party for the residence of its Director (s) in a project namely 'ARAYA', which the opposite party was to develop in Gurgaon. The sale price of the apartment was agreed at Rs.5,11,01,238/- . An allotment letter dated 29.11.2011 was issued to the complainant, followed by the execution of the agreement on 13.3.2012. As per Clause 11.2 of the Agreement, the developer was to make all efforts to apply for the occupancy certificate within 39 months from the excavation, though it was also entitled to a grace period of six months for applying and obtaining the requisite occupancy. Computed accordingly, the occupancy certificate ought to have been applied by 04.9.2015 and obtained by 04.3.2016. That having not been done, the complainant has approached this Commission by way of this consumer complaint, seeking possession of the allotted flat with compensation etc., or refund of the amount paid to the opposite party, in case the possession cannot be delivered within eight months of the completion.
(2.) The learned counsel for the complainant states on instructions that the complainant is ready and willing to take possession even at a belated stage.
(3.) The complaint has been resisted by the opposite party which has taken a preliminary objection that being a company, the complainant is not a consumer. On merits, it has been denied that the booking was made for the residence of the Director (s) of the complainant company. It was however, admitted in the written version filed by the opposite party that the possession of the allotted flat had not been offered to the complainant.;


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