NIRU KAUSHAL & ANR. Vs. UNITECH LTD.

JUDGEMENT

(1.) By this order, we propose to decide the above noted consumer complaints involving similar question of law and facts.

(2.) Briefly stated, the facts relevant for the disposal of the above noted complaints are that opposite party developer undertook the development of a residential complex Unitech Habitat at Plot No.9, Sector Pi-II, Alistonia Estate, Greater Noida, Uttar Pradesh.

(3.) The above noted complainants applied for allotment to the apartments in the above noted project in the year 2006 to 2008. It is the case of the complainants that they were allotted specific apartments in the above noted project and pursuant to the allotment, they made payments in instalments to the opposite party against the respectively agreed consideration amount. As per the terms and conditions of allotment, opposite party was required to deliver possession of the respective apartments to the respective complainants within 26-36 months of the signing of builder-buyer agreement. It is the case of the complainants that respective date of possession have long expired but the opposite party has failed to construct apartment and deliver possession of the respective apartments to the complainants. Claiming failure of the opposite party to deliver possession of the apartments within the requisite period, complainants approached this Commission by filing consumer complaints.