ASHISH RAKHEJA Vs. UNITECH HI-TECH DEVELOPERS LTD

JUDGEMENT

(1.) In CC No.1517 of 2016, one Brij Rattan Bagri booked a residential apartment with the OP in a project namely 'Burgundy' in Unitech Golf and Country Club in Sector-96 to 98 of Noida. Vide allotment letter dated 04.08.2010, apartment no. 0802 in the aforesaid project was allotted to him by the OP, on the terms and conditions annexed thereto, for a consideration of Rs.2,77,58,378/-. The aforesaid allotment was later transferred in the name of the complainant Ashish Rakheja vide endorsement dated 13.07.2012, followed by a letter of even date. As per clause 5(a)(i) of the terms and conditions of the allotment, the possession was to be delivered to the allottee within 30 months thereof, meaning thereby that the possession ought to have been delivered by 04.02.2014. The case of the complainant is that despite a sum of Rs.1,92,99,643/- having been paid by him and his predecessor in interest to the OP, the possession of the apartment has not been delivered to him. He is therefore, before this Commission seeking refund of the said amount with compensation in the form of interest.

(2.) In CC No.1518 of 2016, the complainant Mr. Sanjiv Gupta booked a residential apartment in the aforesaid project and vide letter dated 01.01.2014, apartment no. 0201 in the aforesaid project was allotted to him on the terms and conditions annexed thereto, for a consideration of Rs.2,71,15,066/-. As per clause 5(a)(i) of the terms and conditions of the allotment, the possession was to be delivered to him within 24 months, meaning thereby that the possession ought to have been delivered by 01.01.2016. According to the complainant, the possession has not been offered to him despite he having paid Rs.2,64,93,062/- to the OP.

(3.) In CC No. 1519 of 2016, the complainant namely Mr. Sanjiv Gupta booked an apartment in the same project and vide letter dated 02.12.2013, apartment no. 1601 in the aforesaid project was allotted to him for a consideration of Rs.2,71,18,844/-. In terms of clause 5(a)(i) of the terms and conditions of allotment, the possession was to be delivered to him within 24 months meaning thereby that the possession ought to have been delivered by 02.12.2015. His grievance is that despite he having already paid Rs.2,64,41,867/- to the OP, the possession of the apartment has not been offered to him.