GANNON DUNKERLEY & CO LTD (THROUGH ITS VICE PRESIDENT) Vs. UNITECH LIMITED & ANR ; PIONEER URBAN LAND INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) The complainant is a Public Limited Company, registered under the provisions of the Companies Act, 1956. The complaints have been instituted through its Vice President who has been empowered to sign, verify and institute the complaint vide Board Resolution dated 29.2.2016. The complainant booked residential flats with the opposite party in a project namely 'Unitech Harmony" which the opposite party is developing at Nirvana Country, Gurgaon. The flats according to the complainant were booked for the residential purpose of its officials. The sale consideration for each flat was agreed at more than Rupees one crore and allotment letters with respect to the different units were issued accordingly. The complainant claims to have paid the major part of the agreed sale consideration and the balance sale consideration, according to the complainant was payable at the time of final notice of possession.The possession was agreed to be delivered by 31.12.2009, subject of course to force-majeure circumstances. The grievance of the complainant is that despite several letters written by it to the opposite party, the possession of the aforesaid residential units has not been delivered to it. The complainant is therefore before this Commission seeking possession of the aforesaid residential units, along with compound interest @ 24% per annum in additional to the contractual compensation of Rs.5/- per sq. ft. per month and a flat compensation for the harassment and injury.

(2.) The complaints have been resisted by the opposite party which has taken a preliminary objection that the bookings were made for a commercial purpose, and therefore the complainant is not a consumer within the meaning of Consumer Protection Act. On merits, the allotment made to the complainant as well as the payments received from it have been admitted. It is alleged that the possession was delayed on account of reasons beyond the control of the opposite party.

(3.) The opposite party has also filed applications, seeking dismissal of the complaint on the ground that the complainant is not a consumer within the meaning of Consumer Protection Act, it having booked the residential flats for a commercial purpose.