VIKRAM SETHI & ANOTHER Vs. RAKESH VERMA

JUDGEMENT

(1.) By this common order, we proceed to dispose of three appeals, particulars whereof are given in the title hereof.

(2.) Facts relevant for disposal of the appeals may be noticed. Respondent -Rakesh Verma, is engaged in business of construction of flats and their sale. In the year 2006, he constructed a three -storeyed structure with basement meant for parking. In the three storeys, there were flats. Appellants, in all the three appeals, purchased one flat each 1 Whether reporters of the local papers may be allowed to see the order? for different considerations, amounts varying from Rs. 7.00 lacs to Rs. 11.00 lacs. Separate sale deeds were executed, in which very categorically recited that the purchaser, viz. the appellants, shall have the right to park one car each, in the common parking.

(3.) Completion certificate in respect of the building was issued by the Municipal Corporation in December, 2007 and thereafter the appellants were put in possession. Though the possession of the flats was given to the appellants, yet the facility of car parking in the common parking space was not provided, inasmuch as though the basement with provision for car parking was constructed, approach to the basement was not available because at a certain point, due to construction of a retaining wall by a neighbour of the respondent, cars could not be driven upto the basement.