SHARAD SRIVASTAVA & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential floor with the OP in a project namely 'South City 2' which the OP was to develop in Gurgaon. Vide allotment letter dated 10.10.2011, floor 1, No. F-177 in Block/Tower-1 of the aforesaid project was allotted to the complainant for a consideration of Rs.97,74,251/-. The parties then executed an undated Sale Agreement, incorporating their respective obligations. It is alleged in para 6 of the Consumer Complaint that the OP had agreed and undertaken to hand over possession of the apartment within 24 months from the date of signing of the agreement i.e. by 17.10.2013. This would mean that according to the complainant, the agreement was signed on 17.10.2011. In para 6 of the written version filed by the OP, there is no specific denial of the aforesaid complaint and it is stated that para 5-6 of the complaint are matter of record and hence, need no reply. As per clause 4(a)(i) of the said agreement, the possession was to be delivered within 24 months of its execution, subject of course to force majeure circumstances. If the agreement was signed on 17.10.2011, the possession ought to have been delivered by 17.10.2013. The case of the complainants is that the possession has not even been offered to them despite they having already paid a sum of Rs.29,04,898/- to the OP. The complainants are therefore, before this Commission seeking possession of the aforesaid floor alongwith compensation etc.

(2.) The OP has filed written version contesting the complaint on several grounds. Affidavit by way of evidence have also been filed by both the parties.

(3.) The learned counsel for the complainants states that the complaint is being contested on the grounds which this Commission has already rejected in several Consumer Complaints. Reliance in this regard is placed upon the decision of this Commission in CC No.56 of 2015 Kamlesh Chichra Vs. Unitech Ltd. decided on 26.09.2016 and CC No. 1184 of 2015 Bharti Kakkar Vs. Unitech Limited decided on 04.01.2017 as also on the decision of this Commission in CC No.1908 of 2016 Monika Goel Vs. Unitech Ltd. decided on 19.01.2018.