M/S. ORCHID INFRASTRUCTURE DEVELOPERS Vs. SHANKAR BANSAL

JUDGEMENT

(1.) The respondent/complainant entered into an agreement to purchase a residential flat from the petitioner company and the parties entered into a Flat Buyers Agreement dated 16.05.2005 in respect of Flat No.104, Tower 4. As per the aforesaid agreement, the petitioner was required to deliver possession of the flat to the complainant within 36 months from the date of the agreement subject to an extension of 90 days for applying and obtaining the occupancy certificate.

(2.) The petitioner applied for the occupancy certificate on 14.07.2008 but the said certificate was issued only on 16.09.2009. The flat was handed over for limited purpose of fitting due on 24.02.2009. The sale deed in respect of the flat however was executed only on 13.11.2009. Being aggrieved from the delay, the complainant approached the concerned District Forum by way of a complaint.

(3.) The complaint was opposed by the petitioner primarily on the ground that they having applied for the occupancy certificate on 14.07.2008 within the grace period stipulated in the Buyers Agreement and the authorities having taken almost 14 months in issuing the said certificate, they cannot be said to be responsible for the delay in delivering possession to the complainant. The petitioner company in this regard placed reliance upon clause 46 of the buyers agreement.