PRADEEP NARULA & ANR Vs. GRANITE GATE PROPERTIES PVT LTD & ANR; THREE C UNIVERSAL DEVELOPERS (P) LTD

JUDGEMENT

(1.) The complainants booked a residential apartment in a Group Housing Project namely 'Lotus Panache', which the opposite party was to develop on Plot No. GH-05 in Sector-110 of Noida and an allotment letter dated 28.06.2010, allotting flat no. 501, admeasuring 2587 sq. ft., for a total consideration of Rs.9105278/- was issued to them. The parties then entered into an Apartment Buyers Agreement on 29.06.2010. As per clause 5.1 of the Buyers Agreement, the opposite party was to endeavor to complete the construction within 39 months from the date of allotment, meaning thereby that the possession was to be delivered to them by 27.09.2013. The possession however, was not offered to the complainants by that date and they were informed that the possession will not be given before July 2014. The aforesaid deadline was later extended till 31.12.2014. Being aggrieved from the failure of the opposite party to honour its contractual obligation and alleging deficiency on its part in rendering services to them, the complainants are before this Commission seeking the following reliefs:

(2.) The complaint has been resisted by the opposite party which has inter-alia claimed that it was only to make endeavor to complete the construction but did not make any firm commitment to deliver possession within 39 months from the date of the allotment. It was further alleged that the delay in handing over possession of the flat happened for the reasons that (a) there was shortage of manpower and construction material due to Commonwealth Games, (b) National Green Tribunal, vide its order dated 11.01.2013, injuncted the builders from extracting ground water for the purpose of construction, resulting in acute shortage of water for construction work, (c) there was an agitation by the farmers whose land was acquired and the said agitation which lasted about two months, impeded the construction work. It is also alleged that the complainants had defaulted in timely payment of the sale consideration on five occasions though the opposite party had waived the charges of Rs.15549/- which was payable on account of the said delay.

(3.) It is not in dispute that the construction of the flat allotted to the complainants was not complete when this complaint was filed. Vide e-mail dated 13.05.2016, the opposite party itself has sent a revised deadline of January 2017 for delivery of possession of the flats in Tower-29 of this project. Since the complainants are ready to wait even till January 2017, and are not seeking refund of the amount paid by them, the only question which arises for consideration in this case is as to whether the complainants are entitled to any compensation for the delay on the part of the opposite party in offering possession to them and if so, what should be the quantum of compensation which the opposite party needs to pay to them.