RAMAN SHARMA Vs. UNITECH RELIABLE PROJECTS PVT LTD

JUDGEMENT

(1.) The complainant initially booked a residential apartment with the OP in a project namely 'Capella' in Uniworld City, which the OP was to develop in Greater Noida and apartment no. 1603 in the aforesaid project was allotted to him. Thereafter, he was offered an apartment in another project namely 'Unitech Verve' which the OP was to develop in Greater Noida, in lieu of the apartment which had been allotted to him in 'Capella'. The complainant having agreed to the same, apartment no. 1102 in Block No. 5 of the project namely 'Unitech Verve' was allotted to the complainant in Greater Noida, vide allotment letter dated 12.08.2010, for a consideration of Rs.53,80,381/-. As per clause 4(a)(i) of the terms and conditions of the allotment, the possession was to be delivered within 15 months of the allotment, meaning thereby that the possession ought to have been delivered on or before 12.11.2011. The grievance of the complainant is that the possession of the flat has not been offered to him despite he having already paid Rs.56,22,497/- to the OP. The complainant is therefore, before this Commission seeking refund of the amount paid by him alongwith compensation etc.

(2.) The complaint has been resisted by the OP on several grounds, but the learned counsel for the complainant submits that all those grounds have already been rejected by this Commission in several decisions including CC No. 253 of 2017 Sanjiv Razdan & Anr. Vs. Unitech Reliable Projects Pvt. Ltd. decided on 05.12.2017 and Kiran Agarwal Vs. Unitech Reliable Projects Pvt. Ltd. decided on 31.08.2017. Reliance is also placed upon Dewan Ashwani & Ors. Vs. Unitech Reliable Projects Pvt. Ltd. CC No. 282 of 2012.

(3.) In Consumer Complaint No. 709 of 2015, Ankur Goel Vs. Unitech Reliable Projects Pvt. Ltd. relating to this very project and decided on 27.7.2016, some additional contentions were advanced by the opposite party and were rejected by this Commission, taking the following view: