SOURABH AGGARWAL Vs. ATS ESTATES PVT. LTD.

JUDGEMENT

(1.) The complainants booked a residential apartment with the opposite party in a project namely "ATS Casa Espana"? in Sector 121 of Mohali and then executed an Apartment Buyer Agreement with the OP on 31.3.2005. Vide letter dated 05.4.2016, the complainants expressed their interest in shifting / interchanging to apartment No.11211 and surrendering all their rights in the earlier allotted apartment No.1212. The OP gave its No Objection to the said interchange, subject to No Objection from the AXIS Bank Ltd., from which finance had been arranged by the complainants for the initially allotted apartment. On 22.7.2016, the apartment No.11211 was allotted to them and they executed an apartment buyers' agreement with the OP on 22.7.2016.

(2.) As per Clause 6.2 of the agreement, the construction was to be completed within 42 months with a grace period of three months from the date of the agreement. The construction therefore, was proposed to be completed within a maximum period of 45 months from 22.7.2016 when the agreement was executed.

(3.) The case of the complainants is that they had changed the apartment on the promise of the OP that it would be constructed earlier in point of time but the construction was not completed within 42 months of the agreement which the complainants had executed in respect of the flat, which the OP had initially allotted to them and in respect of which an apartment buyer agreement was executed by them on 31.3.2015. The complainants are therefore, before this Commission seeking refund of the amount of Rs.1,30,24,161/- paid by them to the OP, along with compensation and interest.