MANOJ TAYAL Vs. LOGIX INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) The present First Appeal has been filed by the appellants / complainants against the order dated 26.11.2018 in CC No. 295 of 2016 of the State Commission, partly allowing the complaint.

(2.) The admitted facts of the case are that complainants had booked a 2 BHK flat no. H-1908 measuring super area 1075 sq.ft. at 19th floor in Block-H in the residential project, namely, Blossom County' situated at Sector-137, Expressway, Noida on 10.10.2011 for sale consideration of Rs.46,58,695/-. They had deposited total sum of Rs.16,82,658/- on various dates by way of cheques. An agreement dated 07.12.2011 was executed between the parties whereby the date of delivery was 22 months from the date of agreement. Even after the expiry of 22 months, which also included the four months grace period, the possession of the flat was not handed over to the appellants. Being aggrieved, they had filed the complaint.

(3.) The defence taken by the respondents before the State Commission was that project could not be completed due to restrain order of NGT dated 28.10.2013, a reason beyond its control. It is argued that in terms of clause 6.2 of the agreement, the respondents are entitled to extend the completion period. It was also contended that Force Majeure conditions like shortage of labour, scarcity of water, restriction on excavation, villagers agitation as well as legal impediments etc. also played its role in delay in completion. It is submitted that under the agreement, the complainants were entitled for damages @ Rs.5/- sq. ft. for delay and they have been suitably compensated. It is submitted that there is no merit in the appeal.