AI Structured Summary
Not yet generated for this judgment
Judgment
The office has reported 389 days’ delay in filing the appeal. The appellant has filed IA/11166/2023 for condoning the delay. In the application, it has been stated that after pronouncement of the judgment, free copy was not supplied to the appellant. On coming to know about the judgment, the appellant applied for issue of certified copy on 21.07.2023 which was received on that very day and thereafter, the appeal was filed on 06.09.2023. Subject to objection of the respondents, the delay in filing the appeal is condoned. Appeal is heard on admission.
By the impugned order, the appellant has been directed to complete the construction and hand over possession to the respondents within a period of 90 days and pay delay compensation with effect from 01.04.2016 failing which the appellant had been directed to refund the amount deposited by the respondents.
We have examined the record. The appellant is a company registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The appellant launched a group housing project in the name of ‘Parkwood Glade’. On coming to know about the project, the respondents booked a flat which was allotted by the appellant on 06.01.2014 and Flat Buyers Agreement was executed on 07.01.2014. The payment plan was construction linked payment plan and the appellant has realized Rs.2855588/- till 24.06.2016. As per clause 19(a) of the Buyers Agreement, the due date of possession was 31.12.2015 but the appellant has failed to deliver possession. Hence, the complaint was filed in the year 2020. Since there is an inordinate delay, as such, the State Commission has directed to complete the construction as per agreement and hand over possession or in alternative, to refund the amount. We do not find any illegality in the impugned order. The appeal is dismissed.