ANIL NAYYAR Vs. UNITECH ACACIA PROJECTS PVT LTD

JUDGEMENT

(1.) M/S Foot Prints Realty Ventures Pvt. Ltd. booked a residential flat with the opposite party in a project, namely, 'Burgundy' in Unitech Golf and Country Club which the OP was to develop in Sector-96, 97 & 98 of Noida in UP. Vide allotment letter dated 23.08.2010, Unit no. 1802 in Tower-2 of the said project was allotted to the said company, for a consideration of Rs.27359877/-, on the terms and conditions annexed to the said allotment letter. The complainants having purchased the said allotment from the above-referred company, they applied to Unitech Hi-Tech Developers Limited for registering the sale deed of the said flat in their names. Pursuant thereto, the above-referred company, namely, Unitech Hi-Tech Developers Limited started accepting payments from the complainants as is evident from the receipts issued to them from time to time. A total sum of Rs.18964918/- is stated to have been paid to the OP, namely, Unitech Hi-Tech Developers Limited towards the sale consideration of the said flat.

(2.) As per clause 5(a)(i) of the terms and conditions of allotment , the possession was to be offered within 30 months of the execution of the said terms and conditions, subject of course to force majeure circumstances. The possession therefore, ought to have been offered by 8.10.2013. The grievance of the complainants is that the possession of the allotted flat was not offered to them despite they having made substantial payment to the Unitech Hi-Tech Developers Limited. The complainants are, therefore, before this Commission with a prayer for delivery of the possession of the allotted flat with compensation etc.

(3.) The learned counsel for the complainants states on instructions from complainant No.1 who is present in the Court that having waited for several years for the possession of the allotted flat, the complainants are no more interested in waiting anymore and want refund of the amount paid by them / their predecessor-in-interest to Unitech Hi-Tech Developers Limited alongwith compensation etc. He also states that the complainants having made payment only to Unitech Hi-Tech Developers Limited are pressing this complaint only against the said company.