Mrs. Surender Nehra (deceased), through L.R. Sh. Sanjeev Nehra, resident of 2237, Sector 15C, Chandigarh.

Appellant/complainant

Versus

1.M/s Omaxe Ltd., SCO 143-144, Sector 8C, Chandigarh, through its Manager.

2.M/s Omaxe Ltd., 7, Local Shopping Centre, Kalkaji, New Delhi, through its M.D. and Chairman.

....Respondents/Opposite Parties

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

2.     rdinfact 27.10.2007). It was also agreed to, between the Parties, that, in case, the possession of apartment, was not delivered, by the stipulated date, the Opposite Parties were to pay Rs. 5/- per square feet, per month, for the period of delay, as compensation. The possession of apartment was not delivered to the complainant, on or before 27.10.2007. 

3.     

4.     

5.      

6.      

7.     

8.      

9.     

10.  ), and, in case, of delay, in delivery of possession thereof, compensation @ Rs. 5/- per square feet, per month, for the period of delay, was to be paid to her (complainant). In reply to paragraph number 4 of complaint, the Opposite Parties, in their written version, by way of affidavit, stated that it was a matter of record. It was further stated that the possession, in the present case was to be delivered as per the agreed terms and conditions. In paragraph number 6 of the reply, filed by way of affidavit by Mr. Harsh Bhargav, Manager Legal of the Opposite Parties, it was stated that the apartment, in question, was ready for possession, within the time stipulated, but the complainant was not inclined to take possession of the same, as it seemed that she had only purchased the same, for investment purpose, and, therefore, when the time for possession came, she never took the same, and rather, sold the same to Mr. Sanjeev Grover, s/o Mr. Om Parkash Grover, jointly with Ms. Kanika Mittal, w/o Mr. Sanjeev Grover, residents of 604-A, Parsavnath Green Ville, Sohna Road, Gurgaon. It is evident, from Annexure C-11 dated 28.05.2008, which was written by the Opposite Parties, to Mrs. Surender Nehra, Original allottee/complainant, that the apartment allotted, in her favour, was in the final stage of completion. It was also mentioned, in the said letter, that the final finishing touches of the said apartment, would be taken up shortly. It was further mentioned, in the said letter that, on completion of codal formalities, possession of the apartment, in question, would be given, as per the terms and conditions of the Apartment Buyer`s Agreement Annexure C-2. Reply, which was filed by the Opposite Parties, by way of affidavit of Mr. Harsh Bhargav, their Manager Legal, was to be read, as a whole, and not in   

11.  

12.   

13.  

14.  

15.  

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Rg