KRISHNASWAMY SUBRAMANIAN Vs. UNITECH HI-TECH DEVELOPERS LIMITED

JUDGEMENT

(1.) The complainant booked a residential flat with the OP in a project namely 'Unitech Grande' which the said OP was to develop in Sector-96, 97 & 98 of Noida. A residential flat bearing no. 1002 on Level-10 in Tower-7, Block-3 of the proposed project was allotted to her for a total consideration of Rs.1,85,93,530.00. The parties entered into a Buyers Agreement on 04.08.2007 incorporating their obligations and rights. The sale consideration was later revised downwards to Rs.1,14,37,918.00 because of the complainant having opted to the allotment of a bare shell apartment. The possession of the flat as per clause 5.a of the Buyers Agreement was to be delivered by 30.09.2010 subject of course to force majeure circumstances. The aforesaid deadline was later revised to 01.01.2012. However, possession of the flat has not been offered to the complainant despite they having paid a sum of Rs.1,11,18,174.00. Being aggrieved, the complainants are before this Commission seeking possession of the flat allotted to them along with compensation.

(2.) The complaint has been resisted by the OP primarily on the same grounds which this Commission has already rejected a number of times in a number of consumer complaints including CC No.1167 of 2016 S.N. Mohanty Vs. Unitech Hi-Tech Developers Ltd. decided on 08.02017. The decision of the Commission in S.N. Mohanty <i>(supra)</i> was based upon an earlier decision of this Commission dated 04.11.2016 in CC No.367 of 2015 Richa Aggarwal & Anr. Vs. Unitech Hi-Tech Developers Ltd.. The aforesaid judgment to the extent it is relevant, reads as under:

(3.) The learned counsel for the OP states that they have not been able to complete this project and are not in a position to offer possession of the flat which the complainants had booked with them. In view of her statement, the complainants are entitled to refund of the amount paid by them to the OP along with compensation in the form of appropriate interest on that amount.