HARWINDER SINGH AHUJA Vs. UNITECH LTD.

JUDGEMENT

(1.) The complainant in CC No. 11 of 2015 namely Harwinder Singh Ahuja booked a residential plot with the OP in a project namely 'Aspen Greens', which the said OP was to develop in Uniworld City, Sector-97, Mohali, Punjab. A plot measuring 502.32 sq. yds. was allotted to him for a consideration of Rs.1,42,50,692/-. As per clause 4.a of the Buyers Agreement dated 28.12.2011, the possession was to be delivered within 18 months of the said agreement, subject to force majeure circumstances. Clause 4.e of the said agreement provided that if for any reasons, the developer was not at all in a position to offer the plot, it might offer an alternative property or refund the amount in full interest @ 10% per annum without any further liability to pay damages or any other compensation. The possession of the aforesaid plot having not been delivered to the complainant despite he paying a sum of Rs.1,29,70,026/-, he is before this Commission with an implied prayer for refund of the amount paid by him along with interest.

(2.) The complainants in CC No. 208 of 2015 namely Harish Chandra Raheja and his wife Rochika Raheja also booked a residential plot with the OP in the same project namely 'Aspen Greens' which the said OP was to develop in Uniworld City, Sector-97, Mohali, Punjab. A plot measuring 5032 sq. yds. was allotted to them for a consideration of Rs.1,16,26,196/-. As per clause 4.a of the Buyers Agreement dated 17.08.2011, the possession was to be delivered within 18 months of the said agreement subject to force majeure circumstances. Clause 4.e of the said agreement provided that if for any reasons, the developer was not at all in a position to offer the plot, it might offer an alternative property or refund the amount in full interest @ 10% per annum without any further liability to pay damages or any other compensation. Despite the complainants paying a sum of Rs.1,06,64,128/- and the possession having not been offered, they are also before this Commission seeking refund of the amount paid by them along with compensation in the form of interest.

(3.) The complainants in CC No. 605 of 2015 namely Amar Singh and his son Sarabjit Singh also booked a residential plot with the OP in the same project and a plot measuring 502.32 sq. yds. was allotted to them for a consideration of Rs.1,44,01,263/-. As per clause 4.a of the Buyers Agreement dated 04.01.2012, the possession was to be delivered within 18 months of the said agreement subject to force majeure circumstances. Clause 4.e of the said agreement provided that if for any reasons, the developer was not at all in a position to offer the plot, it might offer an alternative property or refund the amount in full interest @ 10% per annum without any further liability to pay damages or any other compensation. Despite the complainants paying a sum of Rs.1,50,10,993/- and the possession having not been offered, they are also before this Commission seeking refund of the amount paid by them along with compensation in the form of interest.