SC gives Parsvnath another 2 weeks to give possession of flats in Lucknow project

The Supreme Court on Monday gave Parsvnath Developers another two weeks to give possession of habitable flats along with occupation certificates to 12 home buyers in its Planet project in Lucknow.

The apex court also appointed a court commissioner to verify the status of the project and submit a preliminary report on May 8, the next date of hearing, informed lawyer ML Lahoty, who represented the 12 home buyers in the court.

The Supreme Court on March 31 had directed Parsvnath Developers to give possession of habitable flats along with occupation certificates to the 12 home buyers within three weeks.


"Parsvnath asked for more time to give possession of the flats, to which the court gave them time till May 8," said Lahoty.

The case relates to Parsvnath Planet project in Gomti Nagar which was launched in 2006 and had to be delivered within 36 months. The flats in the project were in the Rs 32-35-lakh price range.

"We showed the photographs to the court that the tower in which our clients have their homes was still not in a habitable state," Lahoty said.

The company in its response had earlier said it has received the the occupation certificate (OC) for seven towers of Parsvnath Planet, while the OC for the balance three towers has been applied for.

The 12 home buyers had approached the UP consumer forum in February 2013 after the builder missed the delivery deadline. The forum on February 25, 2015 directed the builder to give possession of the flats by end of 2015 along with compensation for the delay.

After the forum’s deadline passed without delivery, the buyers approached the National Consumer Disputes Redressal Commission (NCDRC), which in January 2016 directed Parsvnath to pay a penalty of Rs 15,000 per month to the complainants with flats in sizes up to 175 sq m, and Rs 20,000 to buyers who had larger flats. Dissatisfied with the judgment, the buyers had approached the Supreme Court for relief.