RATHORE GETS FLAT, COMPLAINS OF IT BEING ‘UNINHABITABLE’
NEW DELHI: The Supreme Court on Wednesday appointed a twomember panel to inspect the flat allotted to Rajyavardhan Singh Rathore in Parsvnath Developers’ Exotica project in Gurugram after the minister of state complained it was “uninhabitable”.
Rathore got possession of his flat after justice Dipak Misra’s bench on October 21 ordered the developer to hand it over.
Rathore’s counsel told court that the flat did not have access to common facilities as was shown in the site map at the time of booking. A temporary road outside the tower opened into a slum cluster and there was debris in the area meant for parking. No occupancy certificate was provided to Rathore, the counsel informed the bench.
When Parsvnath’s counsel disputed Rathore’s contention, the bench constituted the committee comprising two SC lawyers and asked for a report within two weeks. Fixing November 29 to hear the matter again, the bench assured Rathore that he would be entitled to compensation for delayed possession.
“You first get your house for which you have been fighting. We will decide the compensation bit later,” the bench told the lawyer when she insisted that the company must deposit some amount with the top court’s registry since Rathore had won before the National Consumer Disputes Redressal Commission (NCDRC) his case against Parsvnath.
The realtor firm challenged the NCDRC order granting Rathore refund of the principal amount with refund and compensation before the SC that stayed the commission’s direction.
Parsvnath offered to refund the entire amount if Rathore had problems with the allocated flat. Its advocate said the flat was in good condition and the work at the project site was on.
The court, however, turned down the minister’s request to ask the company to allot him a flat in a tower that has occupancy certificate. It assured Rathore that nobody would evict him from the flat in the absence of the document. “We will give an order, if required,” it said.