SURBHIE SINDWAANI Vs. PRATEEK INFRAPROJECTS INDIA PVT. LTD.

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in a project namely "Prateek Edifice", which the OP was to develop in Sector 107 of Noida on the land allotted by Noida Authority. Unit No. F-212 in Tower F of the project was allotted to the complainants on 27.11.2012 for a total consideration of Rs.1,97,68,637/-. As per clause-43 of the terms and conditions of allotment, the possession was proposed to be delivered to the complainants in December, 2016 though a grace period of five months was also available to the OP for this purpose. Even after taking benefit of the grace period, the OP was required to deliver possession by 31.5.2017. Since possession as not delivered to them even by May, 2017, despite they having paid Rs.1,86,24,859/- to the OP, the complainants approached this Commission seeking possession of the allotted unit, with compensation etc.

(2.) The complaint was resisted by the OP, which admitted the allotment made to the complainants as well as the payment received from them. It was inter-alia stated in the written version filed by the OP that the a Writ Petition being WP-66604 of 2009 was filed by some land owners whose land had been acquired by the Government, challenging the acquisition of their land. The Writ Petition was dismissed by the High Court but was allowed by the Hon'ble Supreme Court. Thereafter, some more writ petitions were filed in Allahabad High Court. Towards end of July, 2014, Noida banned the construction in the above referred project, on account of some misunderstanding. The misunderstanding on the part of the Noida was that they were under an impression that the part of the land of the aforesaid project was covered under the stay order passed by Allahabad High Court, whereas in fact, no part of the land of the said project was actually covered under the said stay order. This, according to the OP, had prevented a full-fledged construction on the site from July, 2014 to July, 2016. This is also the case of the OP that in the event of delay in delivery of possession, the allottee is entitled only to the agreed compensation of Rs.5/- per sq. ft. of the area as per Clause, 46 of the terms and conditions of the allotment. It is also stated in the written version that the complainants were all along aware about the aforesaid developments and they were given an option vide email dated 27.7.2014 to pull out of the project. It is however, an admitted position that the complainants were offered refund only of the principal amount and no interest was offered to them.

(3.) The possession of the allotted flat has been delivered to the complainants during pendency of this complaint, pursuant to the offer made on 05.11.2018. The possession was taken on 02.3.2019.