SIDHARTHA AGGARWAL Vs. IREO GRACE REALTECH PVT LTD

JUDGEMENT

(1.) Cc/1182/2017

(2.) The case of the complainants is that the possession of the apartments ought to have been delivered to them within 42 months from the approval of the building plans and / or fulfilment of pre-conditions, if any, imposed thereunder, the construction of the apartments is not even complete despite they having made substantial payments to the opposite party. They also point out that even the grace period of 180 days which was available to the OP only for unforeseen reasons beyond their control, expired sometime in the last year. In fact, even the construction of the towers in which their flats were to be located has not even commenced. The complainants are, therefore, before this Commission seeking refund of the amount paid by them to the opposite party along with compensation etc.

(3.) The complaints have been resisted by the opposite party which has admitted the allotments made to the complainants as well as the execution of the agreements with them. The payment pleaded by them has also not been disputed. This is confirmed by the learned counsel appearing for the opposite party that the entire payment pleaded by the aforesaid two complainants have been received by them.