MALLIKA RAGHAVAN Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) The complainant entered into a Flat Buyers Agreement with the opposite party on 21.10.2011 with respect to the flat No. 1201 in Tower D-5 of the project namely 'Parsvnath Exotica' which the opposite party was to develop in Sector 53 of Gurgaon. The basic price of the flat was agreed at Rs.2,03,72,500/-. As per Clause 10(a) of the said agreement, the construction was likely to be completed within thirty six months of the commencement of construction of the particular block in which the flat was located or the date of booking whichever be later, with a grace period of six months. It is not in dispute that the construction of the block in which the above referred flat was to be situated had commenced much before the agreement came to be executed between the parties, on 21.10.2011. Therefore, in terms of Clause 10(a) of the said agreement, the possession ought to have been delivered latest by 30.6.2014, the date of booking being 30.12.2010, as would be seen from the application form available on page 48 of the reply filed by the opposite party. The possession of the flat having not been delivered to her, despite she having paid Rs.2,02,62,674.50 to the opposite party, the complainant is before this Commission, seeking possession of the aforesaid flat along with compensation.

(2.) The complaint has been resisted by the opposite party which had admitted the allotment made to the complainant and the execution of the agreement with her. It is alleged in the written version filed by the opposite party that the construction was delayed on account of the reasons beyond the control of the opposite party. The aforesaid reasons are stated to be (i) lack of adequate sources of finance, (ii) shortage of labour (iii) rise in manpower material cost and (iv) approval and procedural difficulties.

(3.) It is also claimed that out of 18 towers in the aforesaid project, possession has been handed over in 11 towers and occupancy certificate has also been applied with respect to the five out of the remaining seven towers. It is also alleged in the written version that the fit outs have already been offered to the allottees of towers D-4, D-5, D-6 and B-1.