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Judgment
This complaint has been filed by complainant against OP for direction to handover possession of apartment and interest on deposited amount.
Brief facts of the case are that complainant booked Residential Apartment No.0601, 6 th Floor, Tower-D, having tentative super area of 5450 sq. ft. in OP''s residential colony at ''Monde De Provence'' situated at village Gwal Pahari, District Gurgaon, Haryana @10,500/- per sq. ft. Parties entered into Apartment Buyers'' Agreement on 19.9.2013 and total sale consideration including basic sale price and other charges was Rs.6,05,02,500/- against which, complainant paid Rs.5,49,00,000/- to the OP which is more than 90% of the amount payable. It was further pleaded that OP neither offered possession of apartment, nor informed status of development; though, project was to be completed within 36 months. Alleging deficiency on the part of OP, complainant filed complaint for direction to OP to handover physical possession of allotted apartment along with 18% p.a. interest on deposited amount from due date of possession till handing over possession.
Heard learned Counsel for complainant for admission purposes.
Learned Counsel for complainant submitted that as OP failed to handover possession within stipulated period, complaint be admitted and notice be issued to OP.
Perusal of Apartment Buyers'' Agreement executed between the parties and pleading of complainant reveals that Apartment Buyers'' Agreement was executed between the parties on 19.9.2013. Clause 3 of aforesaid agreement runs as under:
"3.1 Subject to Clause 10 herein or any other circumstances not anticipated and beyond the reasonable control of the Seller and any restraints/restrictions from any courts/authorities and subject to the Purchaser (s) having complied with all the terms and conditions of this Agreement and not being in default under any of the provisions of this Agreement and having complied with all provisions, formalities, documentations, etc. as prescribed by the Seller, whether under this Agreement or otherwise, from time to time, the Seller proposes to offer to hand over the possession of the Apartment to the Purchaser (s) within a period of 36 (thirty six) months (with a grace period of 9 (nine) months from the date of commencement of construction or execution of this Agreement or date of obtaining all licenses or approvals for commencement of construction, whichever is later, subject to Force Majeure. The Purchaser (s) agrees and understands that the Seller shall be entitled to a grace period of 9 (nine) months, after the expiry of 36 (thirty six) months for offer to handover the possession of the Apartment to the Purchaser ."
Perusal of aforesaid clause makes it clear that OP was required to handover possession within 36 months with a grace period of 9 months from the date of commencement of construction or execution of this agreement or date of obtaining all licences or approvals for commencement of construction which is later. Thus, it becomes clear that even if it is presumed that possession of apartment was to be handed over within 36 months from the date of execution of agreement along with 9 months grace period, OP has a right to handover possession upto 18 th June, 2017, whereas complaint has been filed by complainant on 11.11.2016, which is a premature complaint and till 18.6.2017, there cannot be any deficiency on the part of OP in not handing over possession of apartment.
Thus, it becomes clear that complaint being premature not maintainable till 18.6.2017 and in such circumstances, complaint is dismissed as premature.