SUDHANSHU GAURAV Vs. UNITECH LTD

JUDGEMENT

(1.) The complainants booked a residential flat with the OP in a project namely 'the Exquisite" Nirvana Country-2, Gurgaon. The parties then executed a Buyers Agreement dated 17.07.2013, incorporating their respective obligations in respect of the said transaction. The sale consideration for the apartment was agreed at Rs.1,96,82,433/-. As per Clause 4.a.(i) of the said agreement, the possession was to be delivered within 36 months of its execution, meaning thereby that the possession ought to have been delivered by 17.07.2016. The grievance of the complainants is that the possession has not even been offered to them despite they having already paid Rs.1,65,06,997/- to the OP.

(2.) Vide order dated 05.09.2018, the OP was granted six weeks to file its affidavits subject to payment of Rs.25,000/- as cost to the complainants. On failure to pay the cost, the right of OP to file the said affidavits was to stand closed. Neither the affidavits were filed nor the cost was paid. The right of the OP to file its affidavits was closed vide order dated 24.07.2019.

(3.) The learned counsel for the complainant submits that the matter is covered by the previous decisions of this Commission including its decision dated 09.05.2019 in CC No.2712 of 2017 Amal Ganguly & Anr. Vs. M/s Unitech Ltd., CC No.1100 of 2015 Vibha Gupta Vs. M/s Unitech Ltd. & other connected matters decided on 28.11.2016 and the decision of this Commission dated 30.09.2016 in CC No.472 of 2015 Anil Kumar Gupta Vs. Unitech Ltd.