SHASHI KANT PODDAR & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) Cc/1661/2016

(2.) The complainants booked a residential house with the opposite party in a project, namely, Escape Premiere, Nirvana County 2,which the OP was developing in Gurgaon. Vide allotment letter dated 26.2.2011, house No.B-0087 in the aforesaid project was allotted to the complainant for a consideration of Rs.17956354/-. The parties then entered into a Buyers Agreement dated 19.4.2011 incorporating their respective obligations. In terms of clause 4.a of the Buyers Agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 19.4.2013. The grievance of the complainants is that the possession of the house has not been offered to them despite they having already paid a sum of Rs.17956354/- to the OP. The complainants are therefore before this Commission seeking possession of the aforesaid house along with compensation.

(3.) The complainants booked a residential house with the opposite party in a project, namely, Escape Premiere, Nirvana County 2, which the OP was developing in Gurgaon. Vide allotment letter dated 8.2.2011, house No.B-0041 in the aforesaid project was allotted to the complainants for a consideration of Rs.25898854/-. The parties then entered into a Buyers Agreement dated 5.3.2011 incorporating their respective obligations. In terms of clause 4.a of the Buyers Agreement, the possession was to be delivered within 24 months of its execution, meaning thereby that the possession ought to have been delivered by 5.3.2013. The grievance of the complainants is that the possession of the house has not been offered to them despite they having already paid a sum of Rs.17982560/- to the OP. The complainants are therefore before this Commission seeking possession of the aforesaid house along with compensation.