ROHIT PALARIA & ANR Vs. UNITECH LTD

JUDGEMENT

(1.) Cc 215 of 2016

(2.) Brief facts of the case are that in the year 2010-2011, the opposite party launched a housing project by the name of Espace Premiere in Unitech Nirvana Country-II, Sector -71 & 72, Gurgaon. On 08.02.2011, original buyers booked a villa being villa No.0075 in Block B in the said project, Espace Premiere in Unitech Nirvana Country-II, Sector 71 & 72, Gurgaon, of the opposite party. On 25.02.2013, buyer's agreement for allotment of the villa being villa No.0075 in Block B in Espace Premiere in the said project was entered into between the original buyers and the opposite party for a total consideration of Rs.2,13,20,104/-. On 23.04.2013, the complainants entered into an agreement of purchase with the original buyers to purchase the said villa. On 13.06.2013, opposite party endorsed the buyer's agreement dated 25.02.2013 in favour of the complainants. 25.02.2015 was the stipulated due date of handing over of the possession of the said villa by the opposite party to the complainants, as per the terms of the buyer's agreement. However, the said villa was not handed over on the date. During the period 2013-2016, the complainants made payments, from time to time, to the opposite party as per the payment schedule provided in the buyer's agreement of 25.02.2013. The complainants have already made a total payment of Rs.1,56,95,902/- to the opposite party, including the payments made by the original buyers to the opposite party. In the year 2016, the complainants made enquires on the status of the construction of the villa, however, evasive replies were given by the opposite party to the complainants herein. Admittedly, till date the construction of the villa has not been completed by the opposite party and therefore, possession of the same is not yet handed over by the opposite party to the complainants herein.

(3.) Hence this complaint with the following prayers:-