OMESH KHANNA Vs. SHIPRA ESTATE LIMITED

JUDGEMENT

(1.) The primary facts giving rise to the complaint in respect of the Project, namely, Multi Storey Group Housing Residential Scheme 'Srishti - Shipra Krishna' located at Ahinsa Khand, Indirapuram, Ghaziabad, has been stated by this Commission in its decision dtd. 12/2/2015 Kavita Ahuja Vs. Shipra Estate Ltd. & Jai Krishna Estate Developers Pvt. Ltd. The appeal has been dismissed by the Hon'ble Supreme Court. The relevant paragraphs are reproduced as under:

(2.) The complainants applied for allotment of residential apartment in the aforesaid project and vide allotment letter No. 180, they were allotted Flat No. 'Deodar-1102 (Srishti) for a fixed and escalation free total consideration amount of Rs.67,27,750.00 vide allotment letter dtd. 6/10/2006. The complainants had paid total sum of Rs.58,30,750.00 to the opposite parties in total. As per the clause 9 of the allotment letter, the possession of the flat was to be handed over within 22 months of the allotment. Therefore, it ought to have been delivered by August, 2008. No offer of possession was, however, made to the complainants till the filing of the present complaint in the year 2017 despite the complainants waiting for offer of possession for so long. They had contended that even the occupancy certificate of the allotted flat has not been obtained by the opposite parties. Complainants had sought possession alongwith compensation. It was also contended that no Flat-Buyer Agreement has so far been executed between them.

(3.) Both the opposite parties were duly served. They had filed their written versions and the complaint was resisted on several grounds.