BENU SINGH Vs. JAIPRAKASH ASSOCIATES LIMITED

JUDGEMENT

(1.) The above complaint has been finally decided by the order dtd. 26/7/2023. The complainants have filed MA/427/2023 for recall and review/modification of the judgment dtd. 26/7/2023 in light of the submissions made in this MA.

(2.) The fact of the case is that the complainants booked a flat in the project 'Jaypee Green Wish Town' on 22/9/2010. Thereafter, the opposite party issued provisional allotment letter dtd. 11/5/2011 allotting unit reference No.I 2003 (PH-2, LVL-1&2). Later on, the opposite party issued amended allotment letter on 5/4/2012 by which the consideration had been revised. Total consideration of Rs.16757300.00 was fixed. Payment mode has also been revised simultaneously and on offer of possession, Rs.739288.00 + other charges were payable. It is alleged that due date of possession, as per provisional allotment letter, expired on 9/8/2015. Although the opposite party offered possession on 11/11/2016 but on the allegation that the flat in dispute was not in a habitable condition, possession was not taken by the complainants. In paragraph 2(o) of the complaint, following deficiencies in construction have been pointed out:

(3.) While partly allowing the complaint, we have directed the opposite party to obtain the occupation certificate and thereafter, hand over possession of the flat complete in all respects within four months and pay delay compensation in the form of interest @ 6% per annum from 11/5/2005 till the offer of possession after obtaining the occupation certificate.