NILABH PARIMAL & ANR Vs. UNITECH LTD

JUDGEMENT

(1.) The complainants initially booked a residential flat with the OP in a project namely 'Capella' which the OP was to develop in 'Uniworld City' in Greater Noida. Later on, the said booking was changed to another project namely 'Uniworld Gardens' which the OP was to develop in Sector-117 of Noida. Apartment No.1402 in Tower B-2 of the said project was allotted to them for a consideration of Rs.39,90,261/- and the complainants were given a discount in respect of the new allotment and an amount of Rs.4,93,227/-, out of the amount paid by them in respect of the flat booked in 'Capella' in Greater Noida, was refunded to them.

(2.) As per the terms and conditions of the allotment made to the complainants, the possession was expected to be delivered to the complainants by 31.08.2011. The grievance of the complainants is that the construction is not complete despite they having already paid the entire sale consideration to the OP. The complainants are therefore, before this Commission seeking refund of the said amount alongwith compensation etc.

(3.) The OP has filed written version contesting the complaint but has admitted the allotment made to the complainants as well as the payment received from them. The complaints have been resisted by the OP primarily on the grounds that (i) This Commission lacks the pecuniary jurisdiction to entertain the complaint as the sale consideration of the apartment was less than Rs.1 Crore, (ii) The jurisdiction of this Commission is ousted after coming into force of Real Estate Regulatory Authority Act (RERA), (iii) There was agitation by the farmers whose land was acquired in Greater Noida and (iv) The farmers whose lands in the villages of Noida and Greater Noida had been acquired by the Government, had filed Writ Petitions in which acquisition of land in Greater Noida was quashed.