MANI RAM YADAV Vs. CONSCIENT INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) This consumer complaint has been filed by the complainant Mani Ram Yadav against the opposite party M/s. Conscient Infrastructure Pvt. Ltd. It has been alleged in the complaint that the possession of the flat was to be given within 36 months from the date of start of construction or signing of the builder- buyer's agreement, whichever is earlier. In the present case, the construction started in May, 2011 and the agreement was signed on 19.07.2011. Thus, 36 months expired in May, 2014. Thus, the possession was due in May, 2014. The complaint was filed for handing over the possession and compensation for delayed possession. During the pendency of the complaint, the possession was handed over to the complainant by the opposite party. As the main prayer of granting the possession has already been satisfied, the remaining question of compensation for delayed possession has remained in the complaint to be considered.

(2.) The complaint was resisted by the opposite party on the ground that 36 months period was given for completion of the construction and it is mentioned in the Clause 18 of the builder-buyer agreement that after completion of construction, the builder shall apply for the occupancy certificate and after receiving the occupancy certificate, within 30 days notice in the shape of offer of possession will be given. Thus, there was no deficiency on the part of the opposite party and it was requested to dismiss the complaint.

(3.) Both parties led their evidence by way of affidavits, which were taken on record.