SHOIBAL MUKHERJEE & ANR Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in the project namely Parsvnath Exotica, which the opposite party was to develop in Sector 53 of Gurgaon. The parties entered into a Flat Buyer Agreement dated 11.10.2007 incorporating their respective obligations, followed by an EMI Agreement executed on 08.12.2007. As per the Flat Buyer Agreement, the possession of the flat was to be delivered to the complainants within 36 months from commencement of the construction of particular block in which the flat was to be located for a grace period of 6 months, on receipt of sanction of the plan, revised building plan and approvals of all concerned authorities. In case of delay in construction of the flat, the developer was to pay compensation to the buyer @ Rs.10/- per sq. ft. of the super area of the flat for the period of delay. The grievance of the complainants is that the opposite party has filed to deliver upon its promise to handover possession of the flat within the grace period referred in the Buyer's Agreement. This is also the case of the complainants that 2/3rd of the EMI which the opposite party was to reimburse to them under the EMI Agreement dated 08.12.2007 was reimbursed only upto November 2014 and has not been reimbursed w.e.f. December 2014. Being aggrieved the complainants are before this Commission seeking the following reliefs:

(2.) The complaint has been resisted by the opposite party on several grounds including that there has been a slowdown in the economy, as a result of which, the inflow of FDI into real estate significantly dropped and investor have shyed away from the real estate market. It is however stated in the reply filed by the opposite party that in the event of delay, the buyer is entitled only to the agreed compensation as incorporated in clause 10(c) of the Buyer's Agreement. It is further stated in the written version filed by the opposite party that M/s. Puri Construction Pvt. Ltd., predecessor in interest of the opposite party, had applied to the Town and Country Planning Department of Haryana on 11.12.2004 for approval of the building plans and the said approval was granted by the Authority vide letter dated 07.01.2005. M/s. Puri Construction had further applied for permission to erect building in Pocket- B, in accordance with the plans submitted by it and the said plan was approved by Town and Country Planning Department of Haryana on 10.04.2009. Thus, according to the opposite party, after obtaining approval to the initial building plans on 07.01.2005, plans for addition construction were submitted, which came to be approved on 10.04.2009.

(3.) The learned counsel for the complainants states on instructions from the complainants that in order to avoid any further litigation and to bring the litigation to a closure the complainants are restricting their claim for compensation only to the compensation specified in clause 10 (c) of the Flat Buyers Agreement, despite the fact that they have incurred expenditure on payment of rent on account of default on the part of the opposite party in delivering upon its promise. He further states that the complainants are not interested in taking refund and want to take possession of the flat booked by them at the earliest possible. He therefore seeks a direction to the opposite party to complete the construction in a time bound manner and offer possession of the flat, complete in all respects, to the complainants. He also presses for payment of the arrears of the EMI, which were reimbursable to the complainants as per the EMI agreement executed between the parties, along with future reimbursement of 2/3rd of EMI till the possession of the flat, complete in all respects, is offered to the complainants. In my view, none of the reliefs being pressed by the learned counsel for the complainants can be reasonably disputed on any ground whatsoever. As far as compensation part is concerned, the opposite party itself having undertaken to pay the same compensation @ Rs.10/- per sq. ft. of the super area, it must necessarily pay the said compensation at the time possession of the flat is offered to them. The opposite party should also complete the construction of the flat sold to the complainants in all respects and obtain the requisite completion certificate and then offer its possession.