KAMLESH CHICHRA Vs. UNITECH LTD

JUDGEMENT

(1.) The complainant booked a residential flat with the OP Unitech Ltd. in a project namely South City-2 which the said OP was to develop in Sector-50 of Gurgaon. The OP allotted Flat No.0170 admeasuring 1625 sq. ft. in the aforesaid project to the complainant for a total consideration of Rs.1,01,06,760/- and a Buyers Agreement was executed between the parties on 26.08.2011. As per the said agreement, the possession was to be delivered within 24 months from the date of its execution i.e. by 26.08.2013. The complainant claims to have already paid a sum of Rs.31,08,100/- towards sale consideration and Rs.51,680/- towards Service Tax. The possession of the flat however, has not been offered to her. The complainant is therefore, before this Commission seeking refund of the payment made by her alongwith compensation etc.

(2.) The complaint has been resisted by the OP which has admitted the allotment made to the complainant for a consideration of Rs.1,01,06,760/-. The payment made by him has also been admitted. It is stated in the reply that the construction could not be completed due to reasons beyond the control of the OP, since

(3.) The grounds on which the complaint has been resisted by the OP have repeatedly been rejected by this Commission in a large number of consumer complaints including CC No.382 of 2015 Aditya Mishra & Anr. Vs. M/s Unitech Ltd. and connected matters decided on 03.05.2016. The following view taken by this Commission is relevant for the purpose of deciding this complaint: