RAMESH CHANDRA JAIN & ANR. Vs. UNITECH LTD.

JUDGEMENT

(1.) The complainants namely Ramesh Chandra Jain and Smt. Abha Jain booked a residential flat with the OP in a project namely 'Escape' which the said OP is developing in Sector-50 of Gurgaon. The sale consideration for the aforesaid was agreed at Rs.1,04,80,841/-. As per clause 4.a of the Buyers Agreement dated 24.04.2007, the possession was to be delivered within 36 months of the execution of the said agreement, subject of course to force majeure circumstances. The grievance of the complainants is that despite they having paid a sum of Rs.96,43,974/- constituting about 95% of the sale consideration to the OP, it has failed to deliver possession of the said flat to them. The complainants are therefore, before this Commission seeking possession of the flat allotted to them alongwith compensation etc.

(2.) The complaint has been resisted by the OP on the grounds which this Commission has already rejected in a number of consumer complaints relating to allotment of flat in this very project including CC No.472 of 2016 Ajeet Lekhraj Arenja and connected matters, decided on 09.02.2017.

(3.) The decision of this Commission in Ajeet Lekhraj Arenja (supra) was based upon its earlier decision in Jasleen Arora And Anr. Vs. M/s Unitech Ltd. And Anr. CC No.395 of 2015 And connected matters decided on 19.08.2016 and CC No.498 of 2015 And connected matters Sunil Kumar Sawhney Vs. Unitech Ltd. decided on the same date. All these aforesaid grounds were expressly rejected by this Commission in Jasleen Arora And Anr. (supra) and Sunil Kumar Sawhney (supra). The order of this Commission in Sunil Kumar Sawhney (supra), to the extent it is relevant, reads as under: