SANJEEV MIGLANI Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) The complainants herein have filed the consumer complaint against opposite party alleging that on being shown the brochure of the forthcoming project of the opposite party by its representative, the complainants entered into an agreement for allotment of residential apartment in 'Unitech Horizon', Plot No. 6, Sector P1-2, Alistonia Estate, Greater Noida, Uttar Pradesh. It is alleged that the representative of the opposite party assured the complainants that opposite party is in the process of short listing/booking of advance registration of the aforesaid project and that apartment will be allotted on 'First Come First Serve Basis" and that it was assured by the opposite party that project will be constructed within a short span of time. Relying on the aforesaid assurances, the complainant applied for allotment of an apartment and he was allotted apartment No. 1103 on 11th floor having super area of 1695 sq. ft in the aforesaid Group Housing Complex. The relevant allotment letter and agreements were executed between the parties whereby the opposite party had agreed to deliver possession of the subject apartment to the complainants by Nov. 2008 from the date of agreement. The total consideration amount agreed by the parties was Rs. 51,49,793.00. It is the case of the complainants that they have paid total sum of Rs. 49,21,840.00 to the opposite party against the agreed consideration amount. Despite that opposite party has failed to complete the construction and deliver possession of the apartment after expiry of stipulated date of delivery of possession. It is alleged that complainant visited the site of construction and on making enquiries from the technical staff of the site, they were informed that construction of Tower No. 22 shall take at-least 9-12 months. As a matter of fact, no major construction activity has been undertaken by the opposite party at the project site. Claiming failure of the opposite party to construct and deliver possession of the allotted apartment till date to be deficiency in service, the complainants have raised the consumer dispute seeking following prayer:

(2.) The opposite party on receipt of notice has filed written statement resisting the complaint. It may be noted that opposite party in its written statement has admitted booking of subject apartment by the complainant. It is also admitted that as per the allotment agreement, total consideration for the apartment was Rs. 51,49,793.00 which was payable in instalments as per payment plan. It is also not in dispute that complainants have paid Rs. 49,21,840.00 against the consideration amount.

(3.) It is alleged by the opposite party civil structure of Tower 21-23 of the subject Project has been completed and the internal and external finish work is in progress. It is alleged that delay in delivery of possession of the apartment has occurred because of following Force Majeure circumstances: