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Judgment
Sh. Parvin Goel and Mrs. Leena Goel, Complainants appeared in person.
Adv. V.K Ahuja alongwith Adv. Kamal Joshi, Adv. Sahil Kiroriwal, Adv. Ravneet Singh and Sh. Sanjeev Kumar, AR appeared on behalf of the Respondents.
Ld. Counsel for Respondents submitted that his clients have already obtained completion-cum-occupancy certificate from MCD and requested that the restriction imposed on the promoter vide order passed by this Authority on 24.05.2023 not to allow any further occupancy in the building till further order, may be removed.
Since, Promoter has now obtained completion-cum-occupancy certificate, there is no bar henceforth in allowing further occupancy.
Ld. Counsel for Respondents further submitted that as per the prayer of the Complainants they are now willing to offer possession to them subject to they making outstanding payments.
He also submitted that the Complainants have filed separate application before Adjudicating Officer for compensation in the matter and the matter is pending before the Adjudicating Officer.
Complainants in response to the Authority categorically submitted that their prayer is for possession of the flat and they never sought any refund from the Respondents.
Complainants specifically objected to payment of Rs 6,00,000/- to the promoter on account of parking citing the mention in the clause 5 of the application booking form car parking cost Rs 1,00,000/- per car payable at the time of possession. Ld. Counsel for Respondents while reacting the statement made by the complainants stated that the cost which indicated in the booking form was for open parking but if he plans to take covered parking it would cost him Rs 6,00,000/-.
The complainants also submitted that the promoter has made a further demand of Rs 12,59,480/- on account of Air condition charges, power backup charges, PLC charges, electrification charges, MS to SS, Aluminium to Fenesta, GST 18%, other charges + GST, Maintenance security, IGL charges. The demand letter is taken on record.
He also submitted the final demand notice dated 28.10.2022 given by the promoter for payment of Rs. 53,52,822/-. This document is also taken on record.
Arguments heard.
Case is reserved for orders.