SHALINI LANBAH Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant herein has filed the consumer complaint against opposite party alleging that in the year 2006 complainant was approached by a sales representative of the opposite party to purchase a residential apartment in 'Unitech Habitat' to be developed on plot no.9, Sector Pi-II Alistonia Estate, Greater Noida, Uttar Pradesh. The sales representative represented to the complainant that the opposite party would build limited number of quality apartments at a very competitive price. It is alleged that being lured by the representations of the sales representative of the opposite party that possession of the apartment would be delivered within 36 months, the complainant requested the sales representative to send all the details, lay out plan and price details. It is further alleged by the complainant that opposite party showed him a sample of the flat on offer to prospective buyers in the project and that opposite party also handed over the brochure of the project to him.

(2.) Lured by the promises made by the opposite party that apartment would be ready in 36 months, the complainant applied for allotment of an apartment. The opposite party on receipt of application dated 14.08.2006 issued an allotment letter and allotted apartment no.503, fifth floor having super area 2098 sq. ft. in the said project to the complainant. The complainant entered into a builder-buyer agreement with the opposite party. The total consideration amount agreed by the parties was ?66,40,938/-. It is the case of the complainant that he paid total sum of ?59,78,355/- to the opposite party against the agreed consideration amount. Despite that opposite party has failed to complete the construction and deliver possession of the apartment after expiry of stipulated date of delivery of possession.

(3.) Claiming failure of the opposite party to construct and deliver possession of the allotted apartment till date to be deficiency in service, the complainant has raised the consumer dispute seeking following prayer: