SC asks for amicable resolution between Rathore and Parsvnath about flat allocation

NEW DELHI: The Supreme Court on Wednesday asked minister of state Rajyavardhan Singh Rathore and Parsvnath developers to sit together and amicably settle the dispute over over allocation of a habitable flat by the developer in Gurugram.

A bench of justices Dipak Misra and A M Khanwilkar asked the minister not to make unreasonable demand and also told the company to take all steps to remove deficiencies in flat allotted to him as pointed out by a two-member committee appointed by it.

It asked both the parties to discuss the issue with members of the committee–advocates Gopal Sankarnarayanan and Gaurav Agrawal– to come out with a solution to bring to an end the legal dispute. The court made it clear that it could not compel the developer to allocate alternate flat as the company contended that all flats in the project were sold out.

Rathore had booked a flat in Parsvnath Exotica project in Sector 53 of Gurugram in 2006 and had paid around Rs 75 lakh. The developer had assured him to hand over the flat by October 2009 but failed to fulfil its promise, forcing him to initiate legal action.

Although the developer has handed over the possession of the flat on Supreme court’s direction, Rathore, however, had complained to SC that the flat was not habitable as it lacked basic facilities including parking space. The court, thereafter, had appointed a two member fact finding committee.

The committee said in its report that the house was not handed over as promised at the time of booking and there were many deficiencies some of which was not rectifiable.

“The detailed site visit conducted by the Committee makes it clear that tower D-4 is not part of the main complex of Parasvnath Exotica Project. In addition, the open area, which is not segregated or secured in any fashion, poses a hazard to those who walk on this stretch,” the 13-page report said.

Rathore’s advocate Kaveeta Wadia, alleged that the developer had not given occupancy certificate and fire safety clearance was also not there. “The company must allot me a flat in the tower which is well-connected and having access to common facilities,” she submitted.

The developer, however, assured that court that it was taking steps to remove deficiency as pointed out by the committee.

The minister had filed a case against Parsvnath before National Consumer Dispute Redressal Commission(NCDRC) which had in January directed the company to hand over the flat within eight months. The commission had asked the company to pay compensation to Rathore for delay in handing over possession of the flat.

The company then approached SC challenging the NCDRC order but the court had on October 21 directed it to hand over possession within two days.

Credits ET Realty

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