GAURAV AGARWAL Vs. IMPERIA STRUCTURES LTD.

JUDGEMENT

(1.) The complainants who are husband and wife booked a residential flat with the OP in a project namely "Esfera"? who the OP was to develop in Sector-37-C of Gurgaon. On allotment of a residential flat in the aforesaid project to them, they executed an agreement with the OP on 06.09.2013 incorporating their respective obligations in respect of the said allotment. As per Clause-9.3 of the agreement, the construction was to be completed within a period of 3 - 1/2 years unless there was delay or failure due to reasons mentioned in Clause-11.1, 11.2, 11.3 and Clause-41 of the agreement. The sale price of the apartment was agreed at Rs.61,97,625/-. The grievance of the complainants is that the possession was not offered to them and the construction was not completed despite the booking having been made by way back 08.09.2011 and the time period for delivery of the possession having expired on 06.03.2017. The complainants are, therefore, before this Commission seeking refund of the amount which they paid to the OP alongwith compensation etc. The complaint has been instituted through the authorised representative of the complainants Mr.Nitin Saxena who claims to be the President of an organisation namely All India Consumer Education Society (Regd.).

(2.) The consumer complaint is resisted by the OP on several grounds. It is, however, an admitted position that those grounds have been rejected by this Commission in a number of consumer complaints instituted against the OP, including C.C. No.3072/2017" "Yogesh Maan and Anr. Vs. M/s. Imperia Structures Ltd. decided on 29.07.2019. Such grievances therefore need not be resisted.

(3.) The decision of this Commission in Yogesh Maan and Anr. Vs. M/s. Imperia Structures Ltd. (Supra) to the extent it is relevant reads as under: