ANSAL HOUSING LIMITED Vs. JITERNDER MOHAN SHARMA

JUDGEMENT

(1.) The delay in filing the appeal is condoned subject to payment of Rs.10,000/- as cost to the complainants.

(2.) The complainants/respondents booked a residential flat with the appellant in a project, namely, Ansals Woodbury Apartments which the appellant was to develop in Zirakpur. Pursuant to their application dated 22.9.2007, the appellant allotted an apartment in the above-referred project to the complainants for a consideration of Rs.3080902.50, on the terms and conditions annexed thereto. Vide letter dated 7.1.2011, the appellant offered possession of the aforesaid unit to the complainants. The said letter, however, was handed over to them only on 15.2.2011, as is evident from the acknowledgement of the complainant appearing on the said letter. The case of the complainants is that since the construction was not complete at that time, they did not take physical possession of the flat. The complainants took physical possession on 17.4.2013, though neither the Occupancy Certificate had been obtained nor the water and sewage connection had been obtained by the appellant by that time. They approached the concerned State Commission by way of a consumer complaint seeking a direction to the appellant to obtain the requisite Occupancy Certificate and also seeking compensation from them.

(3.) The complaint was resisted by the appellant, which admitted the allotment made to the complainants but submitted that there was no fixed time period agreed between the parties for delivery of possession and that they had completed the project and offered possession to the complainants on 7.1.2011. They also submitted that they had applied for the requisite Completion Certificate though the same had not been issued and a writ petition had been filed by them before the Hon'ble High Court of Punjab and Haryana seeking a direction for the issuance of the said Completion Certificate. The writ petition is stated to have been disposed of, with a direction to the concerned authorities to dispose of the representation of the appellant in this regard within a period of three months. It is also submitted by the learned counsel for the appellant that a contempt petition has been filed by them against the concerned authorities for non-compliance of the order passed by the Hon'ble High Court.