VISHAL GUPTA Vs. IMPERIA STRUCTURES LTD

JUDGEMENT

(1.) The present Execution Applications have been filed by the Complainants/Decree Holders, namely, Vishal Gupta and Vikas Mohan Gupta, against M/s Imperia Structures Ltd (hereinafter referred to as Opposite Party/Judgment Debtor).

(2.) Since the facts involved in these Execution Applications are similar except for minor variations in the Unit numbers and their Sale Consideration, these Applications are being disposed of by this common Order. However, for the sake of convenience, the facts as enumerated in Execution Application 132 of 2020 in Consumer Complaint No. 2439 of 2017 are as under:-

(3.) On 19/1/2012, the Complainants had booked a Residential Apartment having total super area of 2400 sq. ft for their personal use in the Project, namely, "Esfera" to be developed by the Judgment Debtor at Sector 37-C, Gurugaun, Haryana. The Apartment Buyers' Agreement was executed on 2/7/2013 between the parties wherein Apartment No. 603, 6 th Floor in Tower B in the Project was allotted to the Complainants for a total Sale Consideration of 1,02,57,200/- out of which the Complainants paid 92,61,507/- including service tax to the Judgement Debtor on different dates. Possession of the Apartment, complete in all respect, was supposed to be handed over to the Complainants within 42 months from the date of execution of the Buyers' Agreement, however, the possession could not be delivered within the stipulated time.