JUSTICE V.K. JAIN (ORAL)

IA/15765/2017 (C/delay in filing documents)

The delay in filing the documents is condoned. The application stands disposed of.

CC/488/2016

The complainant has complied with the last order. OPs have not filed affidavit of admission/denial of documents though affidavit by way of evidence has been filed.

2.      The learned counsel for the parties states that the matter is covered by the previous decisions of this Commission, including the decision dated 11.10.2017 in Madhu Garg Vs. M/s Unitech Ltd. – CC No.1530 of 2016 and Ved Prakash Saini Vs. M/s Unitech Ltd. – CC No.197 of 2015 decided on 22.9.2016.

3.      The learned counsel for the complainant states that the complainants are restricting their claim to possession of the villa allotted to them along with compensation in the form of simple interest @ 8% per annum as was awarded by this Commission in Ved Prakash Saini (supra).

4.      Since the grounds on which the complaint is resisted have already been rejected repeatedly, the same need not be discussed again while deciding this complaint. The complaint is, therefore, disposed of with the following directions:

(i)      The opposite party shall complete construction of the villa allotted to the above referred complainant in all respects, on or before 30.9.2018;

(ii)      The opposite party shall obtain at its own cost and responsibility the requisite occupancy certificate in respect of the villa allotted to the complainant, on or before 30.11.2018.

(iii)     The opposite party after completing the construction in all respects and obtaining the requisite occupancy certificate in terms of directions (i) and (ii) above, shall offer possession of the villa allotted to the complainant to her on or before 31.12.2018.

(iv)    The opposite party shall pay compensation in the form of simple interest @ 8% per annum to the aforesaid complainant on the entire amount received in respect of the above referred villa, with effect from the committed date of possession i.e. two years from the date of execution of the Buyers Agreement, till the date on which the possession in terms of this order is actually offered to her after completing the construction in all respects and obtaining the requisite occupancy certificate.

(v)     The compensation in terms of this order shall be paid at the time of offering of possession of the villas or by 31.12.2018, whichever be earlier.

(vi)    The opposite party shall pay Rs.25,000/- as the cost of litigation to the complaint.

(vii)    If the Hon’ble Supreme Court awards a higher compensation along with the direction for possession in respect of the villas allotted in the project namely Alder Grove, Nirvana Country II in Sector 71 and 72 of Gurgaon, the complainant will be entitled to the said higher compensation, unless the Hon’ble Supreme Court directs that its order will not be treated as a precedent.