PRABHA CHANDRAN Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) The complainant booked a residential apartment with the opposite party, namely, Parsvnath Developers Ltd. in a project, namely, Parsvnath Exotica which the opposite party is developing in Waziarabad, Sector 53 of Gurgaon. A residential flat was allotted to the complainant in Block D-4 in the aforesaid project. Initially the allotment of an apartment was made on the 12th floor but later on the allotment was changed to an independent villa in Block D-4 bearing No. V-3. The area of the villa is 4130 Sq.ft. and it was allotted to the complainant at a price of Rs.3797.15 per sq.ft. The parties entered into a buyers agreement on 30.5.2011 in respect of the aforesaid villa. Clause 10(a) of the buyers agreement, which related to the delivery of possession of the villa, reads as under:-

(2.) Giving benefit of a grace period of 6 months to the OP, the possession of the villa in any case ought to have been offered to the complainant by 30.11.201

(3.) The learned counsel for the opposite party states that they had applied for occupancy certificate in respect of the villa allotted to the complainant sometime in the year 2013 but the said occupancy certificate has not been issued so far. Obviously, there must be defects, deficiencies or short-comings on the part of the opposite party on account of which the issuance of the occupancy certificate is getting delayed. Therefore, the opposite party has to blame itself for a situation in which the occupancy certificate is not being issued despite it having applied more than 3 years ago. In any case, the complainant cannot be made to suffer due to delay on the part of the OP in obtaining the requisite occupancy certificate.