LAWS(NCD)-2018-1-114

VEDPAL SINGH Vs. M/S. UNITECH LIMITED

Decided On January 24, 2018
VEDPAL SINGH Appellant
V/S
M/S. Unitech Limited Respondents

JUDGEMENT

(1.) The complainant booked a residential flat with the OP in a project namely 'Unitech South Park', which the OP was to develop in Sector-70 of Gurgaon and flat No. 0001, in Tower C-1 was allotted to him for a consideration of Rs.1,13,39,960/-. In terms of allotment agreement dated 31.05.2012 executed between the parties, the possession of the said flat was to be delivered to the complainant within 36 months thereof. The possession thus, ought to have been delivered to the complainant on or before 31.05.2015. The grievance of the complainant is that despite he having already paid a sum of Rs.51,93,871/- to the OP, the possession has not been offered to him. The complainant is therefore, before this Commission seeking possession of the said flat or in the alternative, refund of the amount paid by him alongwith compensation in the form of interest etc.

(2.) The complaint has been resisted by the OP on the grounds which this Commission has rejected in several decisions 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: