SIDDHARTH VASISHT Vs. IREO PVT. LTD.

JUDGEMENT

(1.) The complainant applied to the OP on 30.1.2011 for allotment of a residential flat in a project namely "Skyon"?, which the OP was to develop in Sector 60 of Gurgaon. Vide allotment letter dated 15.2.2011, a residential flat No. B-3903 in the above referred project was allotted to the complainant, who then executed an agreement with the OP on 03.2.2012, incorporating their respective obligations in respect of the said allotment. Clause 13.3 of the agreement related to delivery of possession, which reads as under:

(2.) It would thus be seen that the possession ought to have been delivered within 42 months of the approval of the building plans and / or fulfilment of the preconditions imposed thereunder, though they developer was also entitled to a grace period of 180 days to cover any unforeseen delay in obtaining the occupancy certificate etc. from DTCP. Though, the case of the complainant is that the approvals had already been obtained by the OP before the application was submitted by the complainants, the submission of the learned counsel for the OP is that the building plans for this project were approved only on 27.9.2011. Computed from the aforesaid date, the period of 42 months would expire on 27.3.2015 and the grace period of six months would expire on 27.9.2015. Admittedly, the possession was offered to the complainant only vide letter dated 27.9.2017 after the occupancy certificate had been obtained on 14.9.2017.

(3.) The submission of the learned counsel for the OP is that though the building plans had been approved on 27.9.2011, the said approval was granted, subject to the OP obtaining the fire safety clearance, which came to be issued only on 25.9.2013 and therefore, the committed period for delivery of possession should be reckoned from that date. This is also her submission that if the period of four years, inclusive of grace period is reckoned from that date, there is no delay in the offer of possession.