MADHU GUPTA Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) The complainants in these matters booked residential flats with the OP in a project namely "Exquisite", Nirvana Country-2, Gurgaon. The sale consideration in all the cases was agreed at more than Rs. 1 Crore and allotment letters were issued, allotting different flats to the complainants, for the said agreed consideration. The allotment was followed by Buyers Agreements executed between the parties. As per clause 4(a) of the Buyers Agreement, the possession was proposed to be delivered within a period of 36 months from the date of the said agreement. The possession having not been delivered, the complainants are before this Commission seeking possession of the apartment allotted to them or in the alternative, a direction to the OP to provide ready to move in apartment of identical size in a similar locality or a sum calculated at Rs. 10,000/- per sq. ft. of the area of the flat, that according to the complainants being market value of similar houses. They are also seeking interest @ 12% per annum from the committed date of possession till the date on which the possession is actually delivered to them besides immunity from escalation in cost and enhanced service tax.

(2.) The complaints have been resisted by the OP on several grounds though it has admitted allotment of the flat to the complainants as well as receipt of the consideration from them. It has been alleged in the written version filed by the OP that the possession of the flats could not be handed over to the complainants on account of reasons beyond its control. The following according to the OP, were the reasons on account of which the possession could not be offered to the complainants:

(3.) In CC No. 472 of 2015 Anil Kumar Gupta v. M/s. Unitech Ltd. , this Commission had the occasion to consider a similar complaint in respect of a residential flat booked in the same project i.e. Exquisite Nirvana Country-2, Gurgaon. The complainant in that case was issued allotment letter dated 27.10.2010 and as per clause 4(a) of the Buyers Agreement executed between him and the OP, possession was to be delivered by 11.11.2013. The aforesaid complaint was resisted by the OP on identical grounds. Rejecting the resistance to the complaint, this Commission inter-alia observed and held as under: