ANSHUMAN SINHA Vs. JAI PRAKASH ASSOCIATES LTD.

JUDGEMENT

(1.) Heard learned counsel for the complainants and the learned counsel for the opposite party.

(2.) The complainants have come up contending that harassed by the opposite party, they were compelled to take possession on a letter of possession that was offered on 24/12/2015. The sub lease deed of the premises was executed on 16/9/2016.

(3.) The contention raised by the complainants is that the booking was done on 5/6/2008. The expected date of delivery is on the expiry of 36 months with a grace period of 3 months, which expired on 5/9/2011. Admittedly, the possession was not offered to the complainants within the stipulated time. The defence taken by the opposite party is that they applied for the occupancy certificate, which is also admitted to have been done on 29/11/2013. Thus, as between 2011 and 2013 there is nothing on record to indicate as to why the opposite party did not proceed to apply for the occupancy certificate, which obviously indicates that the project had not been completed and there was delay in respect thereof.