CAPT SUMAN CHOPRA Vs. PARSVNATH DEVELOPERS PVT LIMITED

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite party, namely, Parsvnath Developers Ltd., in a project, namely, 'Parsvnath Exotica' which the opposite party was to develop in Sector 53 of Gurgaon. Flat No. 903 in Tower No.B-6 of the aforesaid project was allotted to him for a basic sale price of Rs.1,82,72,100/-. The parties executed a flat buyer agreement dated 12.3.2007 incorporating their respective obligations in respect of the aforesaid transaction. In terms of clause 10(a) of the said agreement, the construction was to be completed within 36 months of commencement of the construction of the particular block in which the flat was located with a grace period of 6 months. It is admitted before me that the construction of Tower No.B-6 commenced on 14.6.2010. The possession, therefore, ought to have been delivered by 14.12.2013. The grievance of the complainant is that the possession of the flat has not even been offered to him despite he having already paid Rs.1,80,81,450.72 to the opposite party. The aforesaid amount is stated to be exclusive of the taxes paid to the opposite party. Since the possession of the flat has not been offered to him, the complainant is before this Commission seeking possession of the flat, complete in all respects along with compensation, etc.

(2.) The complaint has been resisted by the opposite party which has admitted the allotment made to the complainant. It is alleged that the construction of the apartment was delayed on account of the reasons beyond the control of the opposite party. The said reasons, according to the learned counsel for the OP were (i) lack of adequate sources of finance (ii) shortage of labour (iii) rise in manpower material cost and (iv) approval and procedural difficulties.

(3.) The grounds on which the complaint has been resisted have already been rejected in in Consumer Complaint No. 91 of 2009 Col. Rajyavardhan Singh Rathore Vs. M/s. Parsvnath Developers Ltd. decided on 21.1.2016 and Consumer Complaint No.127 - Mallika Raghavan Vs. Parsvnath Developers Ltd. decided on 19.4.2018. The decision of this Commission in Mallika Raghavan to the extent it is relevant, reads as under:-