ANIL KUMAR GUPTA Vs. UNITECH LTD

JUDGEMENT

(1.) The complainant booked a residential flat with the OP in a project namely "Exquisite", Nirvana Country 2, Gurgaon. An allotment letter dated 27.10.2010 was issued to him, allotting flat no. 0801 having super area of about 218.32 sq. meters to him for a total consideration of Rs.1,46,57,700/-. The parties then entered into a Buyers Agreement dated 11.11.2010. As per clause 4.a of the said agreement, the possession was to be delivered to the complainant within a period of 36 months from the date of the said agreement. Thus, possession was to be delivered on or before 11.11.2013. As per clause 4.e of the said agreement, if for any reason, the developer was not in a position to offer the apartment, he could offer an alternative property or refund the amount paid by the apartment allottee, in full, with interest @ 10% per annum from the date of payment by the apartment allottee, without any further liability to pay any damages, charges or compensation.

(2.) The grievance of the complainant is that despite he having already paid Rs.1,44,29,715/- to the OP, the possession has not been offered to him and the construction is not even near completion. The complainant is therefore, before this Commission seeking refund of the amount paid to the OP alongwith interest @ 18% per annum.

(3.) The complaint has been resisted by the OP on several grounds though it has admitted allotment of the flat to the complainant as well as receipt of the consideration from him. It has been alleged in the written version filed by the OP that the possession of the flat could not be handed over to the complainant 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 complainant: