RICHA AGGARWAL & ANR. Vs. UNITECH HI

JUDGEMENT

(1.) (Oral) - The complainants who are husband and wife booked a residential flat in a project namely Burgundy which the OP is developing in Sector-96 to 98 of Noida. Vide allotment letter dated 29.09.2011, a flat measuring 4465 sq. ft. in the aforesaid area was allotted to them for an agreed consideration of Rs. 3,45,07,784.00. As per the detailed terms and conditions annexed to the allotment letter, the possession was to be offered for carrying out interiors and fit outs within 30 months of receipt of duly signed terms and conditions from the allottee(s), subject to force majeure circumstances or other similar circumstances beyond the reasonable control of the developer. The complainants have already paid a sum of Rs. 3,43,18,690.00 to the OP, which constitutes about 95% of the agreed consideration. Since possession of the flat was not offered to them despite receipt of the aforesaid amount, they are before this Commission seeking refund of the said amount, along with compensation in the form of interest @ 18% per annum and cost of litigation.

(2.) The delay in completion of the flat and offering possession to the complainants is sought to be justified primarily on the following grounds:

(3.) As regards the restraint order passed by National Green Tribunal in respect of projects within a radius of 10 kms from Okhla Bird Sanctuary, the view taken by this Commission in Pradeep Narula & Anr. Vs. M/s Granite Gate Properties Pvt. Ltd. in CC No. 315 of 2014 decided on 23.08.2016 is relevant: