RASHID ALI & ANR. HOUSE NO. 2610/D-2, VASANT KUNJ, NEW DELHI-110070 Vs. M/S. UNITECH LTD. (THROUGH ITS MD), 6, COMMUNITY CENTRE, SAKET, NEW DELHI

JUDGEMENT

(1.) (Oral) - The complainants, namely, Rashid Ali and Ms. Seemi Yasmin booked a residential flat with the opposite party in a project, namely, Unitech South Park, which the said opposite party was to develop in Sector 70 of Gurgaon. A residential flat in the aforesaid project was allotted to them, for a total consideration of Rs. 97,61,600.00 followed by execution of a Buyer's Agreement on 19.5.2011. The complainants claim to have already made payment of Rs. 30,87,409.00 to the opposite party but the possession of the flat has not been offered to them. The construction of the flat allotted to the complainants has not even commenced.

(2.) The complaints have been resisted by the opposite party on identical grounds. The grounds taken in the written version of the opposite party have repeatedly been considered and rejected by this Commission in a number of cases. The following primarily are the grounds on which the complaints have been resisted:-

(3.) More importantly even after obtaining the requisite environmental clearance, the opposite party has not been able to complete the construction. The time of more than rather 2 years and 9 months which was available to the opposite party after grant of the requisite environmental clearance was sufficient if the said opposite party was keen to complete the project, to either complete the construction or at least reach an advanced stage of the construction. Therefore, it would be difficult to accept the plea that the delay in offering possession of the flats to the complainants has happened on account of the time taken in obtaining the environmental clearance.