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Judgment
The Complainant made an application on 28.10.2019 in Form ‘M’ seeking following reliefs:
direct the Respondents, their agents, servants and employees to execute the Flat Buyer Agreements in respect of the allotment of residential flats bearing Nos. 134 and 135, A.P. Wonders, Near Rithala Metro Station, Delhi.
ii) direct the Respondents, their agents, servants, employees etc. to handover the physical and vacant possession of residential flats bearing Nos.134 and 135, A.P. Wonders, Near Rithala Metro Station, Delhi to the complainant and her son with occupation certificate.
iii) direct the Respondents to execute the Title Documents/Sale Deed in favour of the Complainant and her son in respect of the residential flats bearing Nos. 134 and 135, A.P. Wonders, Near Rithala Metro Station, Delhi before the competent authority.
Or in alternative direct the Respondents to pay a sum of Rs.1,15,00,000/- (Rupees One Crore fifteen lakh only) alongwith interest @ 24 % per annum. since 2007 till actual realization to the complainant and her son.
iv) direct the Respondents to pay a sum of Rs.10,00,000/-(Rupees Ten lakh) to the Complainant and her son on account of damages for deficiency of services on the part of the Respondents.
direct the Respondents to pay a sum of Rs.1,00,000/- to the complainant on account of litigation charges.
vi) revoke the registration of the Respondents as per section 7 of the Real Estate (Regulation & Development) Act, 2016.
vii) take cognizance as per section 80 of the Real Estate (Regulation & Development) Act, 2016 against the Respondents.
The Complainant submitted that in the year 2007, her late husband Sh Ramesh Thukral and their son Sumit Thukral had booked a residential flat against booking No. 134 and she and their other son Amit Thukral had booked another residential flat against booking No. 135, A P Wonders, Near Rithala Metro Station, Delhi and had given a sum of Rs.85,00,000/-(Rupees Eighty Five Lakhs Only) by way of cheque and a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) in cash to the Respondents.
While the matter was pending before the Authority, two applications were filed by the Complainant, (i) application dt.4.2.2020 for impleadment of NDMC, MoHUA and DMRC as necessary parties (ii) application dt.4.2.2020 under Section 14 of Real Estate (Regulation & Development) Act, 2016 for issuing directions to the Respondents for adherence to sanctioned plans and project specifications.
Having regard to the material available on record and facts of the present complaint, we do not consider it necessary to allow the impleadment of NDMC, MOHUA and DMRC as sought by the Complainant. Accordingly that application is dismissed.
Subsequently, an application dt.13.2.2021 was moved by the Complainant stating that they now require the possession of the flats and their alternative request for refund of amount be treated as withdrawn and their prayer for possession may only be considered.
The Authority heard the Ld. Counsels for both the parties and noted that Sh. Ramesh Thukral, the husband of the Complainant had expired on 13.01.2014. The Authority does not have any jurisdiction to decide upon the issue of legal heirship.
It is evident from the records that during the pendency of the present complaint, a “Draw for Specific Allotment” was conducted by the Respondents on 28.8.2020 in the presence of independent judges, as a result of which, Flat No 13D, Floor No.13, Tower 1 was allotted against booking No. 134 in favour of late Sh Ramesh Thukral and his son Sh. Sumit Thukral and Flat No 12C, Floor No.12, Tower 2 was allotted against booking No. 135 in favour of Smt. Usha Thukral and her son Sh Amit Thukral.
Considering the facts of the case and on basis of material placed on record, the Authority orders as follows:
The Authority allows the Complainant to withdraw their alternative prayer for refund as per her request.
The Authority orders that M/s A.P. Real Estate, the Respondents shall hand over the possession of Flat No.13 D, Floor No. 13, Tower 1 to the legal heirs of Sh. Ramesh Chand Thukral (as he expired on 13.1.2014) for his share and Sh. Sumit Thukral against booking No. 134 and Flat No. 12 C, Floor No. 12, Tower 2 to Smt Usha Thukral and Sh. Amit Thukral against booking No. 135 on payment of outstanding dues to the Respondents.
The Respondents shall register the Sale Deeds for the aforesaid flats immediately after receiving the payments for the outstanding dues.
As regards the Complainant’s other application under section 14 of the Real Estate (Regulation and Development) Act, 2016, we direct that the Complainant will be at liberty to file a fresh complaint specifying in detail with supporting documents as to how the Respondents have not adhered to the sanctioned plans and project specifications, which will be considered in accordance with law.
The complaint is disposed of accordingly.
No orders as to costs.