SAMEER DEWAN Vs. UNITECH LIMITED

JUDGEMENT

(1.) The opposite party was allotted land by Greater Noida Industrial Development Authority for developing Group Housing Complex, namely, Unitech Horizon' in Plot No.6, Sector Pi-2, Greater Noida, Uttar Pradesh.

(2.) The complainant who was in search of house, came to know about the above project of the opposite party. However, the booking and allotment in the said project was already over. As the complainant was desirous to purchase the house in the said project, he approached the desk office of the opposite party. The opposite party introduced him to different brokers and brokers showed the complainant, the houses for sale by the original allottees. The complainant chose apartment no. 0403 Tower 22 on 4th floor and was introduced to the original allottees, namely, Ranjiv Jaggi & Ms. Geetika Jaggi of subject apartment.

(3.) It is further the case of the complainant that opposite party assured that the construction is in full swing and the houses will be ready within the stipulated time i.e. 15.11.2008. After being satisfied with the promises of the opposite party, the complainant decided to purchase the subject apartment from the original allottee. The sale consideration was duly paid to the original allottee and the opposite party was informed about the transfer, who acknowledged the same and transferred the subject apartment in the name of the complainant. The opposite party endorsed the name of the complainant as allottee of the subject apartment in their record on 14.02.2008 The total sale consideration of the apartment was Rs.47,82,207/-. As per the Builder-Buyer Agreement,the possession of the subject apartment was to be handed over to the complainant by 15.11.2008. The complainant paid Rs.45,72,761/- out of the total sale consideration to the opposite party. Despite that opposite party failed to deliver possession of the apartment even after the expiry of stipulated date of delivery. Being aggrieved, the complainant through his attorney Mr. Sandeep Dewan has filed the consumer complaint seeking following relief: -