RAHUL BHARGAVA Vs. ANSAL HOUSING & CONSTRUCTION LTD

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite party, in a project which the opposite party was to develop in Village Nawada Fatehpur of Gurgaon, forming part of Sector 86. Pursuant to the said allotment, a Flat Buyers Agreement dated 11.10.2012 was executed between the parties. Clause 31 of the agreement pertains to the delivery of the possession and reads as under:-

(2.) The case of the complainant is that the possession should have been delivered to him by 10.4.2016, when 42 months from the date of the Flat Buyers Agreement expired. His grievance is that the possession was not offered to him despite he having already paid Rs.7280205.51 to the opposite party. The complainant is therefore before this Commission seeking refund of the amount paid by him to the opposite party along with compensation etc.

(3.) The complaint has been resisted by the opposite party which has interalia stated in its written version that since they received the building plans approval and necessary sanction on 3.9.2013, the period of 42 months has to be calculated from that date only and having been filed in the year 2016, the complaint is premature.