NCDRC

NCDRC

FA/707/2016

ANJALI AHUJA - Complainant(s)

Versus

ADEL LANDMARKS LTD. - Opp.Party(s)

M/S. M & M LEGAL

30 Jun 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 707 OF 2016
 
(Against the Order dated 07/04/2016 in Complaint No. 227/2016 of the State Commission Delhi)
1. ANJALI AHUJA
W/O. MANOJ AHUJA, R/O. 41-HIG, HOUSING BOARD COLONY, SECTOR-7, EXTENSION,
GURGAON-122001
HARYANA
...........Appellant(s)
Versus 
1. ADEL LANDMARKS LTD.
FORMERLY KNOWN AS ERA LANDMARKS LTD., REGISTERED OFFICE AT: B-39, GROUND FLOOR, FRIENDS COLONY (WEST)
NEW DELHI-110065
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER

For the Appellant :
Mr. Dhruv Madan, Advocate
Mr. Vivek Bishnoi, Advocate
For the Respondent :

Dated : 30 Jun 2016
ORDER

          The appellant entered into a Flat Buyer’s Agreement with the respondent on 1.10.2013 for purchase of a residential flat for a basic price of Rs.40,32,300/-.   As per the said Flat Buyer’s Agreement, the respondent is required to deliver the possession of the flat to the appellant/complainant within 54 months therefrom.  The said agreement also contains a grace period of 6 months.  The complainant claims to have made a total payment of Rs.33,16,048/- to the respondent till date and her grievance is that there is not much progress in construction of the building which stands only upto 5th/6th floor as was the position in March 2014.  The appellant/complainant therefore approached the concerned State Commission by way of a consumer complaint containing the following prayers:-

(A)         Director the Opposite Party to provide the exact details of the construction as being carried out by them since beginning of the project Group Housing Scheme by the name of ‘COSMOCOURT’ situated at Sector-86, Revenue Estate of Village Nawada Fatehpur, Gurgaon Manesar Urban Complex, Gurgaon;

(B)         Direct the Opposite Party to provide the exact time lines that will be followed by the Opposite Party in the future with regard to the construction of the above said project and regarding the schedule of the payment;

(C)        In the alternative direct the Opposite Party to return the amount of Rs.33,16,048/- (Rupees Thirty Three Lacs Sixteen Thousand & Fourty Eight only) paid by the Complainant to the Opposite Party.

(D)        Grant interest at the rate of 18 percent per annum from the date of payment by the Complainant to the Opposite Party till realization.”

2.      The State Commission vide order dated 07.04.2016 dismissed the complaint on the ground that since the period stipulated in the agreement for delivery of the possession would expire only on 01.10.2008 the complaint was premature.  Being aggrieved the appellant/complainant is before this Commission by way of this appeal.

3.      It is not in dispute and is also borne out from the Buyer’s Agreement executed between the parties on 01.10.2013 that the possession was required to be delivered within 54 months from the date of the said agreement.  The period of 54 months would expire on 01.04.2018.  The said agreement also contains a grace period of 6 months.  Taking the grace period into account the respondent can deliver the possession of the flat to the appellant/complainant on or before 01.10.2018.  I am in complete agreement with the State Commission that having been filed in March 2016, the complaint was premature.  Considering the time lag of more than 2 years between March 2016 and October 2018, neither the appellant/complainant can seek refund of the amount paid by her nor can she insist upon the delivery of the possession before that date.  It is not as if it is impossible for anyone to construct the building within a period of more than two years which are still available to the respondent for completing the construction and handing over the possession to the complainant/appellant.  Therefore, any grievance of the complainant/appellant, on the apprehension of delay, would be premature at this stage.

4.      As far as the details of the construction are concerned, the same have to be gathered from the agreement executed between the parties only and it is not for a consumer forum to decide what should be the specifications and quality of the construction.  As far as the status of the construction is concerned, the appellant/complainant can any time visit at the site and verify the same.  At this stage, it is not open to a consumer forum to give any direction to the respondent to expedite the construction of the building in which apartment is to be delivered to the complainant.

5.         For the reasons stated hereinabove, I find absolutely no merit in this appeal, which is accordingly dismissed, with no order as to costs.  

 
......................J
V.K. JAIN
PRESIDING MEMBER

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