SATISH KUMAR DUTTA Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) The complainants, who are husband and wife and both of whom are senior citizens booked a residential flat with the opposite party in a project, namely, 'Harmony' which the said OPs are developing in Sector 50 of Gurgaon. An allotment letter dated 1.1.2007 was issued to them by OP No.1 Unitech Ltd. allotting unit No.102 in Tower-7 in the above-referred project for a total consideration of Rs.11564514/-. The complainant thereafter entered into a buyers agreement with both the OPs on 15.1.2007 which incorporated their respective obligations in respect of the above-referred booking. As per 4.a of the agreement, the possession was to be delivered to the complainants by 30.9.2009 subject to of course force majeure circumstances. The complainants having already paid more than Rs.90% of the agreed sale consideration and the possession having not been offered to them, they are before this Commission seeking the following prayers:-

(2.) The complaint has been resisted by the OPs on the grounds which this Commission has repeatedly rejected in a large number of complaints, including C.C. No.1225 of 2015 - Anand K. Srivastava v. M/s Unitech Ltd. & Anr. decided on 3.11.2016, C.C. No.143 of 2015 - Amit Garg & Anr. v. M/s Unitech Ltd. & Anr. decided on 21.6.2016. It is alleged in the written version filed by the OPs that in the event of delay, the complainants are entitled only to the agreed compensation of Rs.5/- per sq.ft. of the super area per month.

(3.) The learned counsel for the OPs states on instructions that they have already applied for the grant of occupancy certificate in the year 2016 and they have also applied for grant of NOC from Fire Department which they have to submit for the purpose of issuance of the occupancy certificate. She further states that though she is unable to commit a particular time-limit for offering possession of the flat to the complainant, they would offer its possession as soon as the fire NOC and the occupancy certificate are issued.