RANJEET BHATIA Vs. M/S. SUPERTECH LIMITED

JUDGEMENT

(1.) The complainants, who are husband and wife, booked a residential flat with the OP in a project namely, 'ORB Towers' which the OP is developing in Sector 74 of Noida. The sale consideration for the aforesaid flat was agreed at Rs.1,35,07,089.00 and as per clause 1 of the allotment letter, the possession of the flat was to be given to them by July 15, which could, due to unforeseen circumstances, be extended by six months, meaning thereby that the possession in any case had to be delivered by Jan. 2016. The payment plan agreed between the parties reads as under:- "Instalments Inst. Date % Amount (Rs.) At the time of booking 28.11.2012 10.00 1,350709 Within 30 days 27.12.2012 10.00 1,350709 On start of 4th floor 22.07.2013 20.00

(2.) ,701418 On start of 20th floor 22.03.2014 20.00 2,701418 On start of 40th floor 02.12.2014 20.00 2,701418 On offer of possession 31.07.2015 20.00 2,701417 Total 13,507,089.00" 2. The complainants have already made payment of Rs.55,92,636/- to the OP but the possession has not been offered to them. They are, therefore, before this Commission seeking the following reliefs:-

(3.) The complaint has been resisted by the OP which has admitted the booking made by the complainants. It has, however, been alleged that only a sum of Rs.45,92,636/- has been paid by the complainants. It is also pleaded in the written version filed by the OP that in case of delay, the complainants are entitled only to agreed compensation of Rs.5 per sq.ft. per month of the super area in terms of clause 3 of the allotment letter.