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RAJ SHEKHAR ATTRI, RAJESH K. ARYA
Balwinder Kaur – Appellant
Versus
Manohar Infrastructure & Constructions Pvt. Ltd. – Respondent
JUDGMENT
Rajesh K. Arya, Member.—
Brief facts:-
It is the case of the complainants that on 16.03.2019, they booked an apartment with the opposite parties in their project “Palm Residency”, New Chandigarh, SAS Nagar and as such, the opposite parties allotted Floor No.632 (Top Floor) admeasuring 1560 Sq. Ft. Super Area (approx.) vide allotment letter dated 16.03.2019, Exhibit C-1, the total consideration whereof was Rs.57,00,240/-. Palm Residency Agreement was executed between the complainant and the opposite parties on 16.03.2019, Exhibit C-2. The possession of the said unit was to be delivered within a period of 30 months plus 6 months grace period from the date of the said agreement. The opposite parties issued possession notice to the complainants on 31.08.2021, Exhibit C-3 i.e. before the date of completion/handing over the physical possession of the unit complete in all respects as stipulated in the agreement. It has been averred that as per the certificate of possession, the conveyance deed was liable to be executed within stipulated period of 180 days, falling which, the allottee’s possession was to be revoked/cancelled immediately. It has further been stated that the opposit
Super Built-up area – The alteration in super built up area in large projects including common areas is a common feature and is acceptable if is within a reasonable variable of 5 to 10%.
Failure to obtain an occupancy certificate bars the enforcement of possession and justifies a refund to flat buyers.
(1) Arbitration Clause – Arbitration Clause in the Agreement does not bar the jurisdiction of the Consumer Fora to entertain the Complaint.(2) Additional Amount – Developer is entitled to charge the ....
Flat Buyers have right to receive fair delay compensation when developers unduly and unreasonably delayed possession as per Agreement.
Writ at large - Deficiency in service in delay in delivery of the flats booked by complainants against consideration is thus writ large.
Additional Payment – the demand of the Opposite Party for additional payment on account of the alleged increase in Super Area of the Flat was unjustified.
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