MEHNGA SINGH KHERA Vs. UNITECH LTD

JUDGEMENT

(1.) Complainants desirous of acquiring a residential unit, approached the Opposite Party for a residential unit, apartment No. 401, 4 th Floor, Block B, Tower 4 at Unitech Vistas, Sector 70, Gurgaon, having super area of approx. 1545 sq. ft., at a sale consideration of Rs.59,65,463/-, exclusive of service tax and expenses payable towards execution of the sale deed. The Complainants were required to file an application form furnished by the executives of the Opposite Party, requesting the Opposite Party provisional allotment in the residential project and, pay such booking amount as was indicated to be necessarily paid at that stage. The Complainants signed the said application form dated 05 th March 2010 and paid a sum of Rs.4,79,375/-, inclusive of service tax, towards booking amount for provisional allotment of the residential unit. Pursuant thereto, the Complainants and the Opposite Party entered into an Apartment Allotment Agreement dated 10 th March 2010, whereby the Opposite Party agreed to sell and transfer the residential unit to the Complainants. The Opposite Party issued an allotment letter in favour of the Complainants. As per the buyer's agreement, the Complainants were required to pay the balance amount of the consideration agreed between the Complainants and the Opposite Party as per the agreed payment plan, failing which, the Complainants were liable to pay interest calculated from due date of the outstanding amount for the period of delay, calculated @18% per annum, to be compounded annually. The Opposite Party was required to offer possession of the Residential Unit within a period of 36 months from the date of signing the agreement and upon execution and registration of Conveyance Deed in favour of the Complainants and pay the Complainants compensation calculated @Rs.5/- per square feet per month of the Super Area of the Residential Unit for the period of delay in offering possession. If the Opposite Party was not in a position to offer the Residential unit, it was obligated to offer alternative property to the Complainants or refund the amount paid by the Complainants in full, with interest calculated @10% per annum from the date of payment(s) by the Complainants. The Opposite Party was to execute a sale deed and cause it to be registered in favour of the Complainants after completion of construction of the Residential unit.

(2.) In accordance with the aforementioned payment plan proposed by the Opposite Party and agreed by the Complainants, the Complainants paid a sum of Rs.46,87,325/- inclusive of service tax, as part payment towards the agreed sale consideration of the residential unit. It was submitted that despite having proposed to deliver possession of the residential unit within 36 months of the date of signing the buyer's agreement, the Opposite Party failed to complete the construction of the residential project, let alone deliver the possession of the residential unit to the Complainants. The Opposite Party furnished no explanation of having failed to complete the construction and development of the residential project despite the Complainants having made available funds by making part payment towards agreed sale consideration of the residential unit. The Complainants submitted that no occasion or event, force majeure or otherwise, as stipulated under the buyer's agreement, occurred to warrant any delay in commencement of construction, development, completion or offering for possession of the residential unit nor have the Complainants ever defaulted in meeting any obligation put forth by the Opposite Party upon the Complainants. It was submitted that the Opposite Party failed to develop the residential project till date.

(3.) The Opposite Party having received an amount of Rs.51,66700/- as part consideration towards the said residential unit, failed to commence construction of the said residential unit and offer its possession till date, despite having proposed to deliver the same within 36 months of the date of the Buyer's Agreement.