RAJESH JAIN Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) The learned counsel for the complainants states that the matter is squarely covered by a number of decisions rendered by this Commission in respect of the flats forming part of the project namely 'Escape' which the OP is developing at Nirvana Country in Gurgaon. The case of the complainants is that one Devesh Wadhwa booked a residential apartment with the OPs in the above referred Group Housing Complex and flat no. 201, in Tower No. 8 was allotted to him for a consideration of Rs. 1,02,62,282/-. As per the terms of the Buyers Agreement executed between him and the OPs, the possession was to be delivered by 09.09.2009. The complainants acquired the aforesaid allotment from Sh. Devesh Wadhwa and the OPs recognized the transfer in favour of the complainants on 30.08.2010 by making an endorsement at the back of the Buyers Agreement. A letter dated 30.08.2010 transferring the allotment to the complainants was also issued to them. The grievance of the complainants is that the OP has failed to deliver the possession of the aforesaid flat within the time stipulated in this regard. The complainants are therefore, before this Commission seeking possession of the aforesaid flat alongwith compensation etc.

(2.) The complaint has been resisted by the OPs on the grounds which this Commission has already rejected in a number of Consumer Complaints including CC No. 340 of 2015, Nidhi Chawla v. M/s Unitech Ltd., decided on 19.08.2016, CC No. 498 of 2015 Sunil Kumar Sawhney v. M/s Unitech Ltd., decided on 19.08.2016 and CC No. 473 of 2016 Ramesh Chandra Jain and Anr. v. Unitech Ltd., decided on 31.07.2017.

(3.) The decision of this Commission in Sunil Kumar Sawhney (supra), to the extent it is relevant, reads as under: