The Supreme Court on Wednesday directed a committee of two lawyers to inspect the flat allotted by Parsavnath Developers to Minister of State Rajyavardhan Singh Rathore after he complained to Court about the `70-lakh worth flat in Parsavnath's Exotica project in Gurgaon being "uninhabitable".
The Bench decided to constitute a committee of two lawyers — Gaurav Agarwal and Gopal Shankaranaraynan — to visit the site and prepare a report on the conditions of the flat within two weeks. Rathore had booked the flat in 2006 and was promised possession by end of 2009. As the delivery got delayed, Rathore approached the National Consumer Disputes Redressal Commission (NCDRC) and secured an order for refund of the principal amount along with interest and compensation for the delay over the years.
Dealing with the appeal filed by Parsavnath group, the Supreme Court had directed the realty company to deliver the flat to Rathore. On Wednesday, Rathore informed the bench of Justices Dipak Misra and Amitava Roy that the house allotted to him was not in good condition.
The flat did not have access to common facilities of the project as shown in the site map at the time of booking. It had a 'kachcha' access road which opened into a slum cluster and there was no parking facility. To make matters worst, the counsel for Rathore informed that the tower housing his flat did not have an occupancy certificate. He requested the bench to consider allotting him another flat in another residential tower under the same project having an occupancy certificate.
The company disputed the allegations and demanded that if Rathore was not willing to take the flat, they are ready to settle for a refund of the principal amount. Rathore's counsel did not agree for a refund as his client had fought a legal battle all these years in the hope of getting a flat.