MURALI KITTU Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) One Neerja Bhatia 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 Gurgaon. Flat No. D6-1201 in Tower D-6 of the aforesaid project was allotted to her for a basic sale price of Rs.1,30,20,000/-. She also executed a Flat Buyer Agreement dated 16.6.2006 with the OP incorporating their respective obligations in respect of the said transaction. In terms of Clause 10(a) of the agreement, the construction of the flat was likely to be completed within 36 months of commencement of construction of the particular block in which the flat was located though a grace period of six months was also available to the builder for the purpose.

(2.) The aforesaid allotment was later purchased by the complainant and was endorsed in his name vide endorsement dated 18.12.2006. Vide letter dated 26.11.2009, the OP changed the allotment to Unit No.D4-12A02 in Tower D-4 of the project.

(3.) It is not disputed before me that the construction of Tower-D4 had commenced by November, 2006. The possession therefore, ought to have been delivered by May 2010 even after including the grace period of six months. Since the possession has not even been offered to him despite he having paid Rs.12675000/- to the OP as against the basic sale price of 1,30,20,000/-, the complainant is before this Commission seeking refund of the amount paid by him to the OP alongwith compensation, etc.