RAHUL S VERGHESE Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential apartment with the OPs in a project namely 'The Harmony' which the OPs were to develop in Sector-50 of Gurgaon. Flat No.1802 in tower no. 7 of the aforesaid project having been allotted to them, they executed a Buyers Agreement on 28.09.2006 with both the OPs, incorporating their respective obligations in respect of the said allotment. As per clause 4(a)(i) of the said agreement, the possession was to be delivered to the complainants by 30.09.2009. The sale price of the said apartment was agreed at Rs.1,12,13,678/-. The case of the complainants is that the apartment was eventually delivered to them only on 01.11.2017, after making some adjustments for the deficiencies which still existed in the flat at the time the possession was delivered, the amount of adjustment being Rs.10,28,025/-. This is also the case of the complainants that they had to spend another Rs.10,31,259/- for removing the said defects and deficiencies and to make the house habitable. The complainants are also seeking compensation for the delay in delivery of the possession of the allotted flat to them.

(2.) The complaint has been resisted by the OPs which have admitted the allotment made to the complainants as well as the agreement executed with them. It is also not in dispute that the possession of the allotted flat has been delivered to the complainants on 01.11.2017 after adjusting a sum of Rs.10,31,259/- towards cost of the deficiencies which existed in the flat at the time it was delivered to the complainants. It is also stated in the written version that a sum of Rs.12,88,652/- has already been paid to the complainants towards compensation for the delay in delivery of possession as per the contractual obligation of the OPs.

(3.) The learned counsel for the complainants states on instructions that as far as the compensation for the defects and deficiencies in the flat are concerned, the complainants are not pressing the same in this complaint and are reserving their right to take such action as may be open to them in law for recovering the said amount from the OPs. According to her, in this complaint, the complainants are restricting their claim to the compensation for the period the possession was delayed, after adjustment of the amount of Rs.12,88,652/- already paid to them towards compensation for the delay in delivery of the possession of the allotted flat.