GUNJAN AGGARWAL Vs. SEPSET PROPERTIES PVT. LTD.

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in a project namely 'Paras Dewas' on 29.12.2012 with a booking amount of Rs.7,50,000/-. Pursuant to the application submitted by the complainants, an allotment letter dated 10.01.2013 was issued to them by the opposite party. Thereafter, an agreement was executed between the parties on 23.4.2013. Clause 3.1 of the agreement related to delivery of the possession reads as under:

(2.) It would thus be seen that the possession was to be delivered within a period of 48 months, including the grace period of six months and the said period was to be computed from the date of execution of the agreement or the date on which all the licenses or approvals required for commencement of the construction were obtained, whichever was later. The builder was also entitled to a further grace period of 90 business days for handing over possession of the apartment to the complainants.

(3.) The grievance of the complainants is that even the construction of the apartment is not complete till date, though they have already made payment of more than Rs.70 lakhs to the developer. The complainants are therefore, before this Commission seeking refund of the amount paid by them to the developer along with interest, compensation etc.