RUCHI GUPTA Vs. UNITECH LTD

JUDGEMENT

(1.) The complainant in CC No.436 of 2015, applied for purchase of a residential apartment in a project namely 'Burgundy' in Unitech Golf and Country Club which the OP was to develop in Sector-96, 97 & 98 of Noida in UP. Vide provisional allotment letter dated 24.12.2010, apartment no. 2302 in Tower-3 was allotted to her for a consideration of Rs.2, 96, 95, 630/- (customer ID BY0083). The detailed terms and conditions of allotment were executed on 19.02011 and as per clause 5 (a)(i) of the said terms and conditions, the possession of the apartment for fit-outs and interiors was to be delivered within 30 months of the execution of the terms and conditions. The possession therefore, ought to have been delivered by 19.07.2013 for fit-outs and interiors. The grievance of the complainant is that no such possession was offered to her despite she having already paid Rs.2, 52, 69, 922/- to the OP. The complainant is therefore, before this Commission seeking refund of the amount paid by her alongwith compensation etc.

(2.) The complainant in CC No.437 of 2015, also booked a residential flat in the aforesaid project and vide allotment letter dated 30.09.2010, apartment no. 3302 in Tower-1 was allotted to him for a consideration of Rs.3, 67, 79, 650/- (customer ID BY0043). The terms and conditions of allotment in his case were executed on 25.10.2010. The possession for fit-outs in this case was also required to be delivered within 30 months of the execution of the terms and conditions and therefore, it ought to have been offered by 25.04.2013. The possession however, has not been delivered to the aforesaid complainant despite he having already paid Rs.3, 15, 19, 190/- to the OP. He is also before this Commission seeking refund of the aforesaid amount alongwith compensation.

(3.) In CC No.438 of 2015, the complainant was allotted apartment no. 2502 in Tower-2 vide allotment letter dated 14.10.2010 for a consideration of Rs.2, 88, 58, 443/- (Customer ID BY 0053). In his case, the terms and conditions were executed on 02.11.2010. The possession for fit-outs and interiors in this case was also required to be delivered within 30 months of the execution of the terms and conditions and therefore, ought to have been offered by 02.05.201 The grievance of this complainant is that the said possession has not been offered to him despite he having already paid Rs.2, 44, 82, 323/- to the opposite party.