VISHAL MEHTA Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) This is a complaint filed u/s 12(1)(c) of the Consumer Protection Act on behalf of or for the benefit of such allottees of residential flats in a project namely 'Vistas ' which the OP is developing in Sector-70 of Gurgaon who have not approached either this Commission or any other Consumer Forum by way of a consumer complaint. The grievance of the complainants is that despite having promised to deliver possession of the flats by 2012 in some cases and by 2013 in some other cases, the OP has not been able even complete the construction of the said flats and in fact, in some towers, the construction is yet to commence. The complainants are therefore, before this Commission with the following prayers:

(2.) The complaint has been opposed by the OP on the grounds which this Commission has repeatedly rejected in a number of consumer complaints including CC No.427/2014, Satish Kumar Pandey and Anr. Vs. M/s Unitech Ltd. and connected matters decided on 08.06.2015. The appeals preferred by the OP against the aforesaid order of this Commission are still pending before the Hon 'ble Supreme Court and some interim orders in those appeals are stated to have been passed. Hence, the grounds taken by the OP need not be dealt with again in this order. The fact remains that despite this Commission having directed delivery of possession in a time-bound manner in its order dated 08.06.2015, the OP has not completed the construction of the flats though as per the commitment made by the OP to the flat buyers during the pendency of the said complaint, the possession of the Blocks A-9 to A-11, B-1 to B-5 and C-1 to C-3 was to be delivered by 28.02.2016, 28.02.2017 and 28.02.2018 respectively. It was also stated in the said schedule that the construction of blocks E-1 and E-2 will be completed by 30.05.2017, the construction of D-1 and D-2 will be completed by 31.10.2017 and construction of C-1 to C-3 will be completed by 31.12.2017. It was also promised to the flat buyers that the OP shall also apply for grant of occupancy certificate by the aforesaid dates. The OP having failed to honour the commitment contained in the aforesaid schedule, it has become necessary to fix a revised schedule for completion of the remaining construction in a time-bound manner and delivery of the possession of the apartments to the buyers after obtaining the requisite occupancy certificate. The complaint is therefore, disposed of with the following directions:

(3.) The learned counsel for the OP states that it will not be practicably possible for them to complete the construction of the flats in a rather short period of one year and therefore, they should be permitted to complete the construction in a staggered manner. According to the learned counsel, the OP will be able to complete the construction of the flats in the following manner: <FRM>JUDGEMENT_11_LAWS(NCD)7_2017_1.html</FRM>