INDAR DHAWAN & ANR Vs. UNITECH LIMITED (HABITAT)

JUDGEMENT

(1.) The opposite party developer was allotted a parcel of land on lease hold basis for 90 years by Greater Noida Industrial Development Authority for developing a Group Housing Complex, namely, Unitech Habitat. The complainant no.1 was allotted apartment no.503 on 5th Floor, Tower-4 of the aforesaid project vide allotment letter dated 13.06.2016. The total consideration agreed between the parties was Rs. 64,10,158/- and in pursuant to the agreement, complainant no.1 had paid Rs. 57,63,730/- in instalments. As per the allotment letter, the possession of the apartment was to be delivered within 36 months from the date of issue of allotment letter i.e. latest by 29.09.2009.

(2.) It may be noted that that vide letter dated 14.03.2015, complainant no. 1 had requested the inclusion of the name of his daughter Ms. Sabrina Dhawan as co-applicant in the said apartment, which request was acceded to by the opposite party vide letter dated 29.10.2015.

(3.) It is the case of the complainants that despite of paying Rs. 57,63,730/- to the opposite party, opposite party failed to complete the construction and deliver possession of the apartment even eight years after the expiry of stipulated date of possession. Being aggrieved of the failure of the opposite party to perform their part of contract, the complainants have filed the consumer complaint seeking following prayer: