AJAY CHAUDHARY Vs. UNITECH LTD & ANR

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite parties in a project namely 'The Harmony', which they were to develop in Sector 50 of Gurgaon and Apartment No. 1201 in Tower-07 was allotted to him for a consideration of Rs.1, 28, 48, 343/-. The total amount, including other charges payable to the opposite party came to Rs.1, 33, 31, 658/-. The parties then executed a Buyers Agreement dated 12.3.2007, incorporating their respective obligations. In terms of Clause 4(a)(i) of the said agreement, the possession was to be delivered by 30.9.2009, subject of course to force majeure circumstances. Since the possession of the flat has not even been offered to them, the complainant is before this Commission, seeking possession of the allotted flat, along with compensation.

(2.) The opposite party has filed written version, contesting the complaint on several grounds. The learned counsel for the complainant however submits that the grounds on which the complaint is sought to be contested have already been rejected by this Commission in several consumer complaints, pertaining to this very project. Reliance in this regard is placed upon the decision of this Commission in Consumer Complaint No. 591 of 2017 Krishan Kant Kohli Vs. M/s. Unitech Ltd., & Anr., decided on 28.3.2018, which to the extent it is relevant, reads as under:

(3.) In Satish Kumar Pandey , this Commission inter-alia observed and held as under: