KAMAL KISHORE Vs. M/S. SUPERTECH LIMITED

JUDGEMENT

(1.) The complainants, who are husband and wife, booked a residential villa with the opposite party in a project which the opposite party is developing in Sector 17A of Yamuna Expressway Industrial Development Authority. Villa No.62 came to be allotted to them for an agreed sale consideration of Rs.7464450.00. The possession was agreed to be delivered to the complainants by May 2014, though the opposite party was entitled to a further grace period of six months for this purpose. As per clause 19 of the allotment letter, the opposite party was to pay penalty to the allottees @ Rs.75.00 per sq.ft of the super area of the unit per month, in the event of the possession not being delivered within the agreed period or the extended period. Since the possession was not offered to the complainants even on expiry of the grace period, they are before this Commission, seeking the following reliefs :-

(2.) The complaint has been resisted by the opposite party which has taken a preliminary objection that this Commission lacks the pecuniary jurisdiction to entertain the complaint since the complainants have paid only a sum of Rs.5768086/- as against the total villa cost of Rs.74644450.00, exclusive of taxes and other charges. As regards payment of penalty, it is stated in the written version filed by the opposite party that there was a typographical error in the allotment letter since the word 'square feet' was printed in place of the word 'square yard'. The aforesaid mistake was brought by the opposite party to the notice of the complainants vide letter dated 11.1.2016, though it was disputed by the complainant vide his letter dated 25.1.2016. It is also alleged that the complainants had defaulted in payment of the demand raised vide final demand notice dated 18.3.2016. It has further been alleged in the written version filed by the opposite party that there is an arbitration clause in the agreement between the parties.

(3.) During the course of hearing, the learned counsel for the opposite party stated that the construction of the villa allotted to the complainants is complete in all respects and they have already applied for the occupancy certificate which they expect to receive shortly. The learned counsel further states that they expect the occupancy certificate to be granted in about 3-4 months. The learned counsel for the complainants states on instructions that the complainants are ready to wait for the delivery of possession of the villa booked by them but press for payment of compensation, penalty etc. in terms of the prayers made in the complaint.