Ashish Kaul vs Ireo Grace Realtech Pvt. Ltd

Deepa Sharma, Presiding Member

The brief facts of the case are that complainant had booked a Flat in the project namely, ‘The Corridors’ being developed by the opposite party at Sector 67-A, Gurgaon vide application dated 22.03.2013. An Apartment Buyer’s Agreement was entered into between the parties on 14.03.2014. The Opposite Party was under obligation to hand over the possession of the Apartment within 42 months from the date of approval of the building plans. The complainant was allotted Flat No. 1203 on 12th Floor, Tower A-6 measuring 1739.63 sq. ft. The complainant paid a total amount of Rs.1,70,84,219/- towards total consideration amount of Rs.1,74,33,908/-. The opposite party, however, failed to keep its promise and failed to deliver the subject flat within the stipulated period till the filing of the present complaint. The complainant has requested for the refund of the amount along with interest @ 18% p.a. from the date of payment till realization along with Rs.5,00,000/- towards mental harassment and agony and Rs.1,00,000/- towards cost of litigation and Rs.10,00,000/- towards deficiency in service and unfair trade practice.

Claim is contested by the Opposite Party.. They have raised several contentions and gave various reasons for the delay and requested that complaint be dismissed.

The parties led their evidences. We have heard the arguments and perused the relevant record. During the course of arguments, learned counsel for the complainant has relied on the findings of the Hon’ble Supreme court in the case of in Ireo Grace Relatech Pvt. Ltd., Vs Abhishek Khanna and Others (2021) 3 SCC 241 decided on 11.01.2021. Learned counsel for the Opposite Party submits that qua the flat in question, they have obtained the occupancy certificate and are in a position to hand over the subject flat. Learned counsel for the complainant submits that in terms of order of the Hon’ble Supreme Court in Abhishek Khanna ( supra), since the subject property falls in ‘Chart-A’ as chalked out by the Hon’ble Supreme Court in the said case, he is ready to take the possession of the subject flat, al-though his prayer has been for the refund of the money. It is requested that relief in terms of order of the Hon’ble Supreme Court in Abhishek Khanna ( supra ) be also awarded to him.

We have considered the arguments of the learned counsel for the parties and have perused the order of Hon’ble Supreme Court in Abhishek Khanna ( supra ). It is apparent that flat of the complainant falls in Tower A-6, which falls in Chart-A in the order of the Hon’ble Supreme Court. In this case, offer of possession has been made by the Opposite Party on 13.06.2019. The Hon’ble Supreme Court has observed that period of 42 months within which the possession was to be offered had to be computed w.e.f.27.11.2018. Hon’ble Supreme Court has observed as under:

25.11 On 27-11-2014, the Director, Haryana Fire Service granted approval to the Fire Fighting Scheme subject to the conditions mentioned therein. The computation of the period for handing over possession would be computed from this date. The commitment period of 42 months plus the grace period of 6 months from 27-11-2014 would be 27-11-2018, as being the relevant date for offer of possession. The aforesaid chronology for obtaining fire NOC would indicate a delay of approximately 7 months in obtaining the fire NOC by the developer.”

Therefore, in terms of the directions of the Hon’ble Supreme Court in the case of Abhishek Khanna ( supra ), we issue the following directions :

i. The Opposite Party is directed to hand over the physical possession of the subject property to the complainant on payment of any amount if due towards the consideration amount along with stipulated charges for execution of the conveyance deed within four weeks and opposite party shall thereafter hand over the physical possession and execute the conveyance deed within four weeks thereafter.

ii. The opposite party shall pay the delayed compensation to the complainant from the due date of possession i.e. 27.11.2018 till the date of offer of possession i.e. 13.06.2019 @ 9% p.a. The entire money shall be paid within three months from the date of this order. If there is a delay in payment of that money, the opposite party shall be liable to pay default interest @ 12 % S.I. p.a.

With these directions, the present complaint stands disposed of.