GAJPAL SINGH Vs. JAIPRAKASH ASSOCIATES LIMITED

JUDGEMENT

(1.) Opposite Party No.1 M/s Jaiprakash Associates Limited is an infrastructure company engaged in construction and sale of residential and commercial properties in Delhi / NCR. Opposite Party No.2 M/s Jaypee Greens is a subsidiary company of Opposite Party No.1. Opposite Party No.3 is stated to be Executive Chairman and CEO of entire Group of Companies i.e. Jaiprakash Associates.

(2.) The complainants have filed the instant complaint on the allegations that opposite parties had undertaken development of Town Houses at Jaypee Greens, Greater Noida. As per the brochure of the opposite parties, the township offered a holistic living experience through the perfect amalgamation of residential, commercial, institutional and recreational facilities. As per the master plan shown by the opposite parties to the complainants, the project Jaypee Greens, Greater Noida was spread over 452 acres and project was to be comprised of independent estate homes, independent villas, independent houses on 300 square yards plots, apartments of 5 storeyed, apartments of 10 storeyed, golf resort, golf club, sports academy and commercial building etc. Lured by the projection of the development project, "Jaypee Greens, Greater Noida", the complainants booked an independent Town Home on 300 sq. yards plot in Jaypee Greens.

(3.) It is the case of the complainants that as per the representation of the opposite parties, the Town Home booked by the complainants was supposed to be surrounded by three storeyed Town Houses and 10 storeyed mid rise apartments as shown in the master plan dated 27.12.2005. It is alleged that after the allotment and delivery of the possession of said Town Home, the opposite parties in utter violation of the master plan dated 27.12.2005 shown to the complainants started constructing 20 storeyed high rise apartments, namely, Star Courts 1, 2,3,4, 5 & 6 in place of three storeyed Town Houses besides 32 storeyed apartments known as Sun Court 1,2,3 &4 in place of 10 storeyed apartments. It is alleged that construction of said high rise apartments have completely blocked the sun light to the Town Home purchased by the complainants. Not only this, the reflection of light from glass panes from the surrounding high rise buildings falls directly on the room / bedrooms of the complainants and is a cause of great inconvenience.