NIKHIL SHARMA Vs. GREATVALUE PROJECTS INDIA LIMITED

JUDGEMENT

(1.) The complainant was allotted a residential flat bearing No. O-1501 by the opposite party in a Township namely 'Sharnam' which the opposite party was to develop in Sector 107 of Noida, for a consideration of Rs.86,31,075/-. The parties then executed an agreement dated 21.11.2012, incorporating their respective obligations in respect of the aforesaid allotment. As per Clause C(i) of the agreement, the construction of the Unit in Phase-I was likely to be completed by March, 2013, whereas the construction of the units in Phase-II was likely to be completed in August, 2013, though, the opposite party had a grace period of six months available to it. Since the allotment to the complainant was made in Phase-II of the project, the possession ought to have been delivered latest by February, 2014. Since the possession of the flat was not offered to him, despite he having already paid a sum of Rs.66,11,097/- to the opposite party, the complainant is before this Commission with the following prayers:

(2.) The complaint has been resisted by the opposite party which has admitted the allotment made to the complainant as well as the execution of the agreement between the parties. The payment received form the complainant has also not been disputed. It is alleged in the written version filed by the opposite party that a status-quo order with respect to construction activity within a radius of 10 km. from Okhla Bird Sanctuary was passed by the National Green Tribunal (NGT). It is also alleged that an order was passed by the Hon'ble High Court of Allahabad dated 10th June, 2014 in Writ Petition No. 32265 of 2014, restraining the opposite party and other builders from carrying out any construction activities on the concerned land and delivering possession to the allottees. It is alleged that in compliance of the aforesaid order, the construction activities were stopped by the opposite party. It is also alleged that the restraints on the construction and possession of the apartments were lifted by the High Court only order dated 11.7.2016. It is also alleged that the opposite party had completed seven towers of phase I of the project and obtained the requisite occupancy certificate in respect of the said seven towers on 09.2.2017. It was further alleged that the construction work in the remaining towers, including Tower 'O' in which the flat of the complainant is situated, was in advance stage of finishing work and the opposite party intended to apply for the occupancy certificate by December, 2017.

(3.) It would thus be seen that primarily the opposite party is seeking to justify the delay in construction of the flat allotted to the complainant on two grounds, the first being the alleged stay on construction activities within 10 km of Okhla Bird Sanctuary by NGT and the other being an interim order dated 10.6.2014 passed by the Hon'ble High Court of Allahabad in WP No. 32265 of 2014.