JUSTICE V.K. JAIN, PRESIDING MEMBER, (ORAL)

          The complainant booked a residential flat with the opposite party in a project namely ‘Unitech Vistas’ which the opposite party is developing in Sector 70 of Gurgaon.  Flat No.1204 in Block-C Tower No.02 in the aforesaid project was allotted to him on 22.7.2010.  The parties then entered into an agreement dated 18.8.2010, incorporating their respective obligations as per Clause 4(a) of the Buyers Agreement, the possession was to be delivered with thirty-six months from the execution of the said agreement, meaning thereby that the possession ought to have been  delivered by 18.8.2013.  The grievance of the complainant is that despite he having already paid Rs.26,24,280/-, the possession has not been offered to him.  The complainant is therefore before this Commission seeking delivery of possession of the aforesaid flat along with compensation.

2.      The opposite party has filed written version contesting the complaint, on the grounds, which this Commission has already rejected in several complaints, relating to this very project, including Consumer Complaint No.427 of 2014 Satish Kumar Pandey & Anr. Vs. M/s. Unitech Ltd., decided on 08.6.2015.

3.      The learned counsel for the complainant has pointed out that this matter is squarely covered by the Judgment dated 19.7.2017 in Consumer Complaint No.1191 of 2015 Vishal Mehta & Ors. Vs. M/s. Unitech Ltd.  He states on instruction that the complainant is seeking the same reliefs which this Commission has granted in Vishal Mehta (supra).

4.      The complaint is therefore disposed of with the following directions:

(i)      The opposite party shall complete the construction of the flat allotted to the complainant on or before 31.7.2018 and shall also apply for grant of the requisite occupancy certificate on or before that date.

(ii)      The opposite party shall obtain the requisite occupancy certificate at its own responsibility on or before 31.10.2018 and offer possession of the flats to the complainant.

(iii)     The opposite party shall pay compensation in the form of simple interest @ 8% per annum, to the complainant w.e.f. the committed date of possession till the date on which the possession is actually delivered in terms of this order after obtaining the requisite occupancy certificate.  The compensation shall be paid on the amount already paid to the opposite party, by the date stipulated in the allotment letter/Buyers Agreement for the delivery of the possession.  Though the opposite party shall be entitled to raise additional demand in consonance with the allotment letter/Buyers Agreement on the construction reaching the prescribed level, it shall adjust the compensation payable in terms of this order and due till that date, out of the demand it may raise against the flat buyers.  Thus, the demand would be restricted to the balance amount if any after adjusting the compensation which has become payable by that time in terms of this order. 

(iv)    If the opposite party fails to complete the construction in terms of this order and apply for the occupancy certificate on or before 31.07.2018 or it having completed the construction and having applied for the grant of the occupancy certificate by 31.07.2018, fails to obtain the requisite occupancy certificate at its own responsibility by 31.10.2018, it shall refund the entire amount received from the complainant alongwith such compensation which the Hon’ble Supreme Court may finally award to the allottees of residential flats in the project ‘Vistas’ in the appeals preferred by the OP against the order of this Commission dated 08.06.2015 which are presently pending before the Hon’ble Supreme Court. 

(v)     The refund if it becomes payable in terms of this order, shall be paid within three months of the date on which it becomes payable or the date on which the Hon’ble Supreme Court finally decides the appeals preferred by the opposite party against the decision of this Commission in Satish Kumar Pandey (supra), whichever be later. 

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

(vii)    The allotment made to the complainant shall not be cancelled by the opposite party till 31.10.2018.