VINAY PRAKASH Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) By this order to propose to dispose-off the above noted consumer complaints involving similar question of law and facts.

(2.) In the nutshell, the facts relevant for the disposal of the aforesaid complaints are that opposite party developer undertook development of a residential complex known as 'Crestview' located in Sector 70, Gurgaon. The respective complainants applied for allotment of apartments in the above noted project. It is the case of the respective complainants that they were allotted apartments in the aforesaid project and pursuant to the allotment, they paid certain sums against the agreed consideration amount. As per the terms and conditions of the Builder-Buyer agreement, the balance consideration amount was agreed to be paid in instalments under a construction plan. The opposite party had agreed to hand over possession of respective apartments to the complainants within 36 months from the date of their signing the agreements. According to the complainants, aforesaid 36 months period for delivery of possession has long expired but the opposite party has failed to construct the apartments. As a matter of fact despite of inordinate delay, there is no sign of construction at the project site. Claiming failure of the opposite party to deliver possession within the requisite period, the respective complainants have filed the above noted consumer complaints.

(3.) The details of apartments booked, agreed consideration amount, dates of respective Builder-Buyer Agreement agreed between the parties, tentative date of delivery of possession as per the agreements and the tentative amount paid against the consideration paid by respective complainants are provided in chart below: <FRM>JUDGEMENT_129_LAWS(NCD)7_2017_1.html</FRM>