PRADEEP KUMAR VERMA & ANR Vs. SUPERTECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party namely Supertech Limited in a project namely "ORB Homes" which the opposite party was to develop in Sector 74 of Noida. Vide allotment letter dated 15.5.2013, flat No. R029OPU1405 on 14th floor of the aforesaid project was allotted to them for a total consideration of Rs.1,38,63,636/-. The following was the payment plan stipulated in the allotment letter:-

(2.) As per clause 1 of the aforesaid letter, the possession was to be delivered by July, 2015 though, the aforesaid period could be extended due to unforeseen circumstances for a further grace period of six months. The possession clause was subject to timely payment by the allottee. The possession therefore, ought to have been delivered latest by January, 2016. The grievance of the complainants is that the possession was not offered to them, despite they having already paid a sum of Rs.53,47,130/- to the opposite party. The complainant are therefore, before this Commission seeking refund of the amount paid by them to the opposite party along with compensation etc.

(3.) The complaint has been resisted by the opposite party, which has admitted the allotment made to the complainants as well as the payment made by them. Vide email dated 05.12.2016, the opposite party had intimated the complainant that the expected date of possession would be December, 2017 and they would be compensated for the delay in terms of the allotment letter. It is also alleged in the written version filed by the opposite party that the complainants are defaulter in making payment, they having paid only Rs.53,47,139/- as against the total cost of Rs.1,38,63,636/-. It is also alleged that the delay in possession was caused on account of stay order passed by the NGT regarding ground water extraction for construction purposes.