ARUP KANTI PAIT Vs. PARSVNATH BUILDWELL PVT. LTD.

JUDGEMENT

(1.) The complainant, namely, Arup Kanti Pait and his wife Kakali Pait booked a residential flat with the opposite party in a project, namely, 'Parsvnath Exotica' which the opposite party was to develop in Ghaziabad. Unit No.B5-101 in the aforesaid project was allotted to them vide letter dated 16.6.2012. They executed a Flat Buyer Agreement with the OP Parsvnath Buildwell Pvt. Ltd. on 17.7.2012. Clause 10(a) of the agreement relating to construction of the flat reads as under:-

(2.) It would thus be seen that the construction was to be completed within 36 months of 17.7.2012 when the agreement between the parties was executed, though the opposite party was also entitled to a grace period of six months for this purpose. The construction, therefore, ought to have been completed by 17.1.2016. The grievance of the complainants is that the construction is not complete despite they having paid Rs.7043974/- to the developer. The complainant is, therefore, this Commission with the following prayers:-

(3.) The complaint has been resisted by the opposite party on several grounds which, however, need not be considered since the matter is state to be covered by the decision of this Commission dated 6.5.2016 in CC/45/2015 - Parsvnath Exotica Ghaziabad Resident's Association Vs. Parsvnath Buildwell Pvt. Ltd. as modified by the Hon'ble Supreme Court vide its order dated 29.11.2019 in Civil Appeal No.5336 of 2016.