RAJENDRA BERI & SON (HUF) Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant in CC No.2103 of 2016, booked a residential unit with the OP in a project namely 'South Park' which the OP was to develop in Gurgaon. After allotment of Unit No.0804 in Tower B-2 to the aforesaid complainant, he executed a Buyers Agreement with the OP on 23.10.2012. The aforesaid unit had been allotted to the complainant for a consideration of Rs.89,53,312/-. As per clause 4(a)(i) of the said agreement, the possession was to be delivered within 36 months from the execution of the agreement. The possession therefore, ought to have been delivered by 23.10.2015. The grievance of the complainant therefore, is that the possession has not even been offered to him despite he having already paid Rs.91,18,062/- to the OP. The complainant is therefore, this Commission seeking refund of the amount paid by it to the OP alongwith compensation in the form of interest etc.

(2.) In CC No.750 of 2017, one Anurag Arora booked a residential flat in the above referred project and executed an agreement with the OP on 22.07.2011 where under flat no.0101, in Block C-2, was allotted to them for a consideration of Rs.1,00,53,200/-. As per clause 4(a)(i) of the agreement, the possession ought to have been delivered by 22.07.2014. The aforesaid allotment was purchased by the complainants from Anurag Arora on 28.02.2014. Their grievance is that the possession of the flat has not even been offered to them despite they having already paid Rs.46,71,421/- to the OP. Hence, they are also before this Commission seeking refund of the amount paid by them to the OP alongwith compensation etc.

(3.) In CC No.751 of 2017, one Mr. Palanivel Muthuvel and Sandhya Palanivel booked a residential flat with the OP in the aforesaid project and vide allotment letter dated 24.03.2011, flat no. 0702, in Block/Tower A-5 was allotted to him for a consideration of Rs.93,01,740/-. In terms of the agreement dated 15.06.2011 executed by them with the OP, the possession of the apartment ought to have been delivered to them by 15.06.2014. The aforesaid allotment was later purchased by the complainants from Mr. Palanivel Muthuvel and Sandhya Palanivel and the said transfer was duly endorsed in favour of the complainants vide letter dated 24.04.2014. Their grievance is that the possession of the flat has not even been offered to them despite they already having paid Rs.29,45,899/- to the OP. Therefore, they are also before this Commission seeking refund of the aforesaid amount alongwith compensation in the form of interest etc.