A.K. GUPTA Vs. UNITECH LIMITED AND OTHERS

JUDGEMENT

(1.) The complainant booked a 3 BHK residential flat with the opposite party in a project, namely, Unitech Horizon, which the said opposite party was to develop in Greater Noida. An agreement dated 17.5.2006 was executed between the parties in this regard. As per clause 4.a of the said agreement, the possession was to be delivered to the complainant by 15.11.2008 subject to force majeure circumstances beyond the control of the opposite party. The complainant paid a total sum of Rs.51,64,174/- to the opposite party as against the agreed total consideration of Rs.49,93,665/-. The aforesaid payment included some interest which the complainant had to pay for shifting his booking to a tower other than the tower in which the initial booking was made by him. The possession, however, has not been delivered to the complainant till date. Being aggrieved, he is before this Commission seeking the following relief:-

(2.) The complaint has been resisted by the opposite party on several counts but the payment made by the complainant has been admitted. The opposite party has also admitted the booking made by the complainant but has alleged that the claim made by him is highly exaggerated, made only with a view to bring the complaint within the pecuniary jurisdiction of this Commission. Yet another plea taken in the reply that the complaint is barred by limitation and in the event of delay, the opposite party is required to pay only the agreed compensation of Rs.5/- per sq.ft. per month for the period of delay.

(3.) In Swarn Talwar & Ors. vs. Unitech Ltd., C.C. No.347 of 2014 and connected matters decided on 14.08.2015, the complainants had booked residential apartment in project known as Unitech Habitat, which the opposite party was to develop on plot no.9, Sector PI-II (Alistonia Estate) in Greater Noida. The opposite party however failed to deliver possession of the flats to the complainants within the time agreed between the parties and consequently the complainant sought refund along with interest @ 18% p.a. besides damages and cost of litigation.