SURENDRA ARORA Vs. IREO GRACE REALTECH PVT LTD

JUDGEMENT

(1.) The complainants in these four matters booked residential flats with the OP in a project namely 'The Corridors' which the OP was to develop in Sector-67 of Gurgaon. Pursuant to the applications submitted by them to the OP, different flats in the proposed project were allotted to them. In CC No.190 of 2017, Flat No. A1-06-603 for a consideration of Rs.1,90,41,143.32/- ; in CC No. 192 of 2017, Flat No.A1-01-104 for a consideration of Rs,1,90,20,992/-; in CC No. 697 of 2017, Flat No. D4-04-404 for a consideration of Rs.2,82,71,711.90/- and in CC No.1802 of 2017, Flat No. A2-05-504 for a consideration of Rs. 1,99,24,768.78/- were allotted to the complainants.

(2.) Clauses 43 & 44 of the key indicators from the terms and conditions of the Apartment Buyers Agreement, which formed Schedule-1 of the application form, read as under:

(3.) It would thus be seen that in terms of clause 43 the possession of the apartments ought to have been offered to the complainants within 48 months from the date of approval of the building plans, even if the benefit of the grace period of six months is given to the OP. Admittedly, initially, the building plans for the aforesaid project were approved on 23.07.2013. The possession of the apartments, complete in all respects, therefore, ought to have been delivered to the complainants by 23.07.2017.