SANTOSH GOYAL Vs. UNITECH LTD

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite party in a project namely 'Vistas' which the opposite party was to develop in Sector-70 of Gurgaon and Unit No. 0204 in Block - E02 of the aforesaid project was allotted to the complainant for a consideration of Rs.74,26,000/-. The parties then entered into a Buyers Agreement dated 10.9.2010, incorporating their respective obligations in respect of the aforesaid transaction. As per Clause 4a of the Buyers Agreement, the possession was to be delivered within thirty six months thereof, meaning thereby that the possession ought to have been delivered by 10.9.2013. The possession having not been delivered, the complainant is before this Commission seeking either delivery of possession of the said flat or refund of the amount of Rs.21,06,000/- paid to the opposite party along with compensation in the form of interest etc.

(2.) The OP has filed its written version. The complaint has been resisted by the opposite party on the grounds which this Commission has repeatedly rejected in a number of consumer complaints including CC/1191/2015 - Vishal Mehta & Ors. Vs. M/s. Unitech Limited decided on 19.7.2017, CC/427/2014 - Satish Kumar Pandey Vs. M/s. Unitech Ltd. & Anr. and connected matters, decided on 8.6.2015 and CC/548/2014 - Koshika Agarwal Vs. M/s. Unitech Limited & connected matters decided on 31.10.2017. Since all those grounds have already been rejected by this Commission, the said grounds need not be examined afresh in this complaint.

(3.) The learned counsel for the complainant states on instructions that considering the inability of the OP to offer ready possession of the flat booked by her, the complainant wants refund of the amount paid by her and does not want to wait any more for the possession of the flat allotted to her.