ANKUR GOSWAMI Vs. SUPERTECH LIMITED & ANR.

JUDGEMENT

(1.) The complainant booked a residential apartment with the OP in a project namely "Cape Town" which the OP is developing in Sector-74 of Noida and flat no.0104 in CCI Tower in the aforesaid project was allotted to the complainant, at an agreed sale price of Rs.1,11,40,120.62/-. An allotment letter was issued to the complainant in respect of the aforesaid flat and as per clause 20 of the terms and conditions of allotment, the possession was to be delivered by October 2013. The OP was also entitled to a grace period of six months in order to cover any unforeseen circumstances. The grievance of the complainant is that despite he already having paid Rs.96,38,647/- to the OP, the possession of the flat was not offered to him. The complainant is therefore, before this Commission seeking refund of the aforesaid amount alongwith interest on that amount.

(2.) The complaint has been resisted by the OP which has admitted the allotment made to the complainant as well as the terms and conditions of allotment. It has been stated in para 7 of the written version that the project could not be completed due to unforeseen circumstances beyond the control of the OP which has suffered huge monetary loss on account of increase in cost of construction and cost of labour etc. It is also stated in the written version filed by the OP that the parties have already agreed to a mechanism for payment of compensation for the delay in delivery of possession.

(3.) As noted earlier, the possession of the flat allotted to the complainant was required to be delivered as far as possible by October 201 It was only to cover the unforeseen circumstances that the OP was entitled to a grace period of six months. Even adding a grace period of six months, the OP was under a contractual obligation to deliver possession of the flat to the complainant by April 2014. Admittedly, that was not done.