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Showing contexts for: Sample flat in Harvinder Singh & Anr. vs M/S Parsvnath Devlopers Ltd. on 2 December, 2022Matching Fragments
31. In the present case the booking of the flat was done by the complainants on 01.02.2007. The Builder Buyers agreement Annexure-A was executed between the parties in the year 2007. As per clause 11(a) of the Agreement, the construction of the complex was to be completed within a period of 30 months from the date of commencement of the construction on receipt of sanction of building plans and all other approvals. However, the commencement of the construction complex could not be carried out by the opposite party till 2010 as it is clear from the letter dated 04.05.2010 (Annexure-C) issued by the opposite party to the complainants. It is worth noting that the complainants believed the assurances given by the opposite party and waited for a long and ultimately, they visited the office of the opposite party in March 2014 where they were again assured by the opposite party that the construction of the project would be started very soon and it will intimate them about the same. However, the construction of the project was not started by the opposite party and till 2016 as the complainants received a letter dated 06.02.2016 from the opposite party wherein they were informed that a sample flat was ready and they could see the same by paying visit to the site. It is further worth noting that the complainants had booked a 3 bedroom flat in the project of opposite party but by this letter dated 06.02.2016, they were offered a 02 bedroom flat in violation of the terms of the Agreement Allowed PAGE 12 OF 15 C-341/2017 HARVINDER SINGH & ORS VS PARSVNATH DEVELOPER LTD. D.O.D.:02.12.2022 Annexure-A. It is note worthy that till date the opposite party is not able to place on record any material to show that the construction of the project is over and flat is ready to be handed over to the complainants.