NEERAJ GUPTA Vs. UNITECH LIMITED.

JUDGEMENT

(1.) The complainants booked a residential apartment with the OP in a project namely 'Unitech South Park' which the OP was to develop in Sector-70 of Gurgaon. A residential apartment bearing no. 0004, Tower 0A2, Block 00A on the Ground Floor was allotted to them for a consideration of Rs.79,42,913/- and applicable taxes. The parties then entered into a Sale Agreement dated 16.10.2012, incorporating their respective obligations in respect of the aforesaid transaction. In terms of para 4.a.(i) of the Buyers Agreement, the possession was to be delivered within 36 months of signing of the said agreement. The possession thus, ought to have been delivered by 16.10.2015. The case of the complainants is that the aforesaid apartment has not even been offered to them despite they having already paid a sum of Rs.32,92,607/- to the OP. The complainants are therefore, before this Commission seeking refund of the aforesaid amount paid by them alongwith compensation in the form of interest etc.

(2.) The OP filed its written version contesting the complaint on the grounds which this Commission has rejected in a number of Consumer Complaints including CC No.667 of 2016 Rachna Sukhija And Anr. Vs. M/s Unitech Limited And Anr. and connected consumer complaints. The aforesaid ground therefore, need not be examined afresh in the present complaint and are rejected.

(3.) The decision of this Commission in Rachna Sukhija (supra), to the extent it is relevant, reads as under: