MOHIT CHOPRA Vs. M/S UNITECH LIMITED

JUDGEMENT

(1.) The complainant booked a residential apartment with the OP in a project namely 'Harmony ' which the said OP is developing in Sector-50, Nirvana Country, Gurgaon. Apartment No.1102, admeasuring 3309 sq. ft. in Tower-4 of the above referred project was allotted to him for a total consideration of Rs.1,66,18,875.00 and the parties entered into a Buyers Agreement dated 19.05.2010 incorporating their respective obligations. As per clause 4.a of the Agreement, the possession was to be delivered to the complainant by 31.03.2011, subject to force majeure circumstances. The grievance of the complainant is that despite he having already paid a sum of Rs.1,58,77,069.00, to the OP, the possession of the flat has not even been offered to him. The complainant is therefore, before this Commission seeking possession of the aforesaid flat alongwith compensation etc.

(2.) The complaint has been resisted by the OP on the grounds which this Commission has repeatedly rejected in a number of consumer complaints pertaining to this very project, including CC No.1088 of 2015, Raja Balasubramanian Vs. M/s Unitech Limited and Anr. decided on 18.04.2017 and CC No.368 of 2014 Shweta Kapoor and Anr. Vs. M/s Unitech Limited and Anr. decided on 14.01.2016.

(3.) Rejecting all these aforesaid plea taken by the OPs, this Commission, directed possession of the flat to the complainants alongwith compensation in the form of simple interest @ 12% per annum.