AMAN CHAWLA Vs. PARSVNATH HESSA DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) A company namely M/s. Gunjan Infrastructure Private Limited booked a residential flat with the opposite party in a project namely Parsvnath Exotica, which the opposite party was to develop in Sector-53 of Gurugram. Flat No.B-6-202 in Tower-B-6 of the above referred project was allotted to the aforesaid company which then executed a flat buyer agreement dated 14.02.2011 with the opposite party namely M/s. Parsvnath Hessa Developers Pvt. Ltd. The said allotment was sold by M/s. Gunjan Infrastructure Private Limited to Mrs. Noour Bhatia and Mr. Rakesh Bhatia. The allotment was later purchased by the complainants from Mrs. Noour Bhatia and Mr. Rakesh Bhatia. The allotment was endorsed in favour of the complainants on 20.02.2012. As per clause-10(a) of the agreement executed between the original allottee and the opposite party, the construction was to be completed within 36 months of commencement of the particular block in which the flat was located or 24 months from the date of booking whichever was later. The grace period of six months was also provided to the developer. It was admitted before this Commission on 30.07.2018 in Consumer Complaint No.828/2017-Gp. Capt. Suman Chopra Vs. Parsvnath Developers Pvt. Ltd.-that the construction of Tower B-6 had commenced on 14.06.2010. The grievance of the complainant is that the possession of the flat has not been offered to them despite they having already paid 95% of the sale price amounting to Rs.2,39,49,871/- to the opposite party. The complainants are, therefore, before this Commission seeking possession of the flat complete in all respects alongwith the compensation.

(2.) The complaint has been resisted by the opposite party which has admitted the initial allotment as well as the subsequent transfer of the said allotment. The payment received in respect of the allotted flat has also not been disputed.

(3.) The complaint according to both the counsel has been resisted on the grounds which this Commission has already rejected in several other Consumer Complaints. A reference in this regard can be made to decision of this Commission in Consumer Complaint No.127/2017 - Mallika Raghavan Vs. Parsvnath Developers Ltd. decided on 19.4.2018. The decision of this Commission in Mallika Raghavan (supra) to the extent it is relevant, reads as under:-