SANDEEP MITTAL Vs. IREO GRACE REALTECH PVT LTD

JUDGEMENT

(1.) The complainant Mr.Sandeep Mittal booked a residential flat with the OPs in a project namely 'The Corridors' which the OP was to develop in Sector-57A of Gurgaon. Apartment No.1204 in Tower D-4 of the said project was allotted to him pursuant to his application dated 06.03.2013. The parties then executed an Apartment Buyers Agreement on 03.04.2014 incorporating their respective obligations. The sale price for the flat was agreed at Rs.2,82,71,711.90 paise which was payable in instalments. As per clause 13.3 of the agreement, the possession ought to have been offered within a period of 42 months from the date of approval of the building plans. Clause 13.3 reads as under:

(2.) The complaint has been resisted by the OPs admittedly on the grounds which this Commission has already rejected in several other Consumer Complaints including CC No.3873 of 2017 Abhishek Khanna & Anr. Vs. M/s Ireo Grace Realtech Pvt. Ltd. decided on 28.03.2019 and CC No.1998 of 2016 Subodh Pawar Vs. M/s Ireo Grace Realtech Pvt. Ltd. & connected matters, decided on 24.09.2018 and followed in several other Consumer Complaints decided by this Commission.

(3.) Clauses 21.1, 21.3 & 22.1 of the Agreement read as under: