BOBBY BHALOTRA Vs. M/S. UNITECH LTD.

JUDGEMENT

(1.) The complainants booked a residential apartment with the opposite party in a project namely 'Unitech South Park', which the opposite party is developing in Sector 70 of Gurgaon. Apartment No.1202 on the 12th floor in Block B-2 of the aforesaid project was allotted to the complainants for a consideration of Rs.8256241/-. The parties entered into a Buyer's Agreement dated 19.5.2011 incorporating their respective obligations. As per clause 4(a)(i) of the said agreement, the possession was to be delivered within 36 months from the execution of the said agreement. The possession thus ought to have been delivered by 19.5.2014. The grievance of the complainants is that the OP has not even constructed the apartments despite they having already paid Rs.45,35,276/- to the builder. The complainants are, therefore, before this Commission seeking refund of the amount paid by them along with compensation.

(2.) The OP has filed its written version contesting the complaint on the grounds which this Commission has already rejected in a number of consumer complaints but it did not file the affidavit by way of evidence.

(3.) I have heard the learned counsel for the parties and have considered the affidavits filed by the complainants by way of evidence. The affidavits filed by the complainants by way of evidence when examined in the light of the pleadings of the parties and the documents filed by them would show that there is no dispute with respect to the booking made by the complainants as well as the amount paid by them to the opposite party. It is also not in dispute that the possession of the apartment allotted to the complainants has not even been offered to them. In fact the matter is already covered by the previous decisions of this Commission including its decision in Rachna Sukhija And Anr. Vs. M/s Unitech Limited And Anr. and connected consumer complaints - Consumer Complaint No.667 of 2016., which to the extent it is relevant reads as under:-