PANKAJ KOTHARI & ANR. Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants in Consumer Complaint No.308 of 2014, who are husband and wife, booked a residential apartment with the opposite party in a project namely Unitech Horizon, which the said party was developing on plot No.6 in Sector Pi-2, Alistonia Estate, Greater Noida, Gautam Budh Nagar. On 07.6.2006, Apartment No.1001 in Tower No.23 of the said project was allotted to the complainants for a total consideration of Rs.48,57,505/-. The possession of the said flat was to be delivered to them by 15.11.2008. The complainants made a total payment of Rs.46,44,806/- but the possession was not offered to them. The complainants are before this Commission, seeking refund of the aforesaid amount, along with compound interest @ 18% per annum. They are also seeking payment of Rs.25,000/- per month towards rent from 15.11.2008 till the date of possession and Rs.15.00 lacs towards compensation for the mental agony and harassment suffered by them.

(2.) The complainants in Consumer Complaint No. 309 of 2014 also booked a similar flat in the aforesaid project of the opposite party and made payment of Rs.46,44,914/- as against the agreed sale consideration of Rs.48,57,505/-. In their case also the possession was to be delivered by the same date i.e. November 15, 2008. Since the possession was not offered to them, they are also before this Commission with identical prayers.

(3.) The complaints have been resisted by the opposite party on identical grounds. It is stated in the reply filed by the opposite party that they are delivering possession of the flats in a phased manner, commencing the year 2009 and a number of families are already living in the said complex. It is further stated that the structure is complete, plaster work is going on and the possession is expected to be delivered by middle of 2015. The opposite party however, has not disputed the payment received from the complainants nor has it disputed the terms of the agreement agreed between the parties.