TARANJIT SINGH Vs. UNITECH LTD

JUDGEMENT

(1.) The present complaint is filed by Shri Taranjit Singh against Unitech Ltd. and Anr. , opposite party No.1 and Shri Rajendra Kumar Mohatta, opposite party No. 2 for deficiency in service for delay in giving possession of Flat No.101, Silver Arch Apartments, 22, Ferozshah Road, New Delhi. Facts of the case are :

(2.) Opposite party Nos. 1 and 2 entered into two agreements amongst themselves on 2.1.1985 and 3.1.1985 to develop the above said property as a multi storeyed Group Housing Project.The petitioner booked vide application dated 28.9.1991 for the allocation of a residential apartment on the first floor having a super built area measuring 2038.72 sq. ft. for a sum of Rs.37,71,632. He signed an agreement on 16.12.1991 and schedule of payments were settled between them. Accordingly, O.P. No. 1 issued demand letters from time to time to make payment of instalment amounts.The total consideration is paid in 10 instalments, details of which are given below : <FRM>JUDGEMENT_24_CPJ3_2007_1.html</FRM>

(3.) The Complainant submitted that a total amount of Rs. 35,83,050 which is equivalent to 95% of the total consideration was paid by 27th Nov., 1995 and the balance consideration equivalent to 5% of the total consideration was paid in the month of Sept., 2001. The opposite parties gave possession of the premises to him in Sept., 2001. It is alleged that the complainant needed this apartment for himself with expectation that it would be ready within a period of three years from the date of signing the agreement. The complainant had written to the opposite parties number of letters dated 28.11.1994, 27.2.1995, 27.11.1995, 4.1.1996, 12.2.1996, 1.4.1996, 9.4.1996, 2.9.1996, 17.11.1997, 27.11.1997, 19.11.1998, 11.12.1998, 22.2.1999, 21.4.1999, 5.5.1999, 3.8.1999, 24.12.1999, 27.1.2000, 2.3.2000 and 6.4.2000 asking the opposite parties to hand over to him the possession of the apartment. It is further alleged that O.P. No. 1 vide its fax message dated 3.4.1996 (Ex. P-23) confirmed that the building is complete and that temporary possession would be given tentatively by Aug. 1996. O.Ps., however, handed over the physical possession of the said apartment only on 25.9.2001 (Ex. P-24), i.e. more than five years after the building is said to have been completed.