BHUPESH GUPTA & ANR Vs. UNITECH LTD

JUDGEMENT

(1.) Cc No. 511/2015 & CC No. 1046/2015

(2.) The complainants before this Commission purchased flats which their predecessors in interest had agreed to purchase from the opposite party. The agreement with the predecessors in interest of the complainants were executed on 09.11.2012, 18.10.2010, 24.11.2011, 27.10.2010, 18.06.2010 and 22.04.2011 in CC No. 503/2015, 510/2015, 513/2015, 514/2015, 945/2015 and 1047/2015 respectively. The flats were purchased within one year of the initial flat buyers agreement by the complainants in CC No. 510/2015, 514/2015, 945/2015 and 1047/2015 whereas the complainants in CC No. 503/2015 and 513/2015 purchased the flat after two years of the initial flat buyers agreement. In CC No. 503/2015, 510/2015, 513/2015, 514/2015, 945/2015 and 1047/2015, 39%, 38%, 93%, 38%, 96% and 37% respectively of the cost of the flats stands paid to the opposite party.

(3.) The earliest buyers agreement in these complaints was executed on 13.11.2009 and the last buyers agreement in these complaints was executed on 02.04.2011. The grievance of the complainants is that the opposite party has failed to offer possession of the flats to them within the time period stipulated in the buyers agreement and in fact, except in Block A & B, the construction has not even started. The complaints are therefore, before this Commission seeking possession of the flats booked by them or in the alternative, another property of the same/similar specifications in the same locality. The second alternative prayer made by the complainants is for refund of the amount paid by them to the opposite party alongwith 18% interest compounded quarterly on the amount paid by them. They are also seeking compensation in the form of interest @ 18% per annum compounded quarterly, from the committed date of possession till the date the possession is offered, in case the opposite party offers possession of the flats booked by them.