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Judgment
One Mr. Aditya Umang Vir booked a residential villa in a project namely Alder Grove in Unitech Nirvana Country-II which the opposite party was to develop in Sector 71 and 72 of Gurgaon and Villa No. 0007 Tower AG was allotted to him. He executed a Buyers Agreement with the opposite party on 16.9.2010 and the possession was to be delivered within two years thereof. The consideration for the aforesaid villa was fixed Rs.3,75,90,000/-. The rights of the aforesaid allottee were purchased by the complainant Madhu Garg on 16.1.2013. The grievance of the complainant is that despite a sum of Rs.3,94,41,125/- having already paid to the opposite party, the possession of the villa has not been offered to her. The complainant is therefore before this Commission, seeking possession of the aforesaid villa along with compensation etc.
No written version has been filed by the opposite party despite service upon it and the right of the opposite party to file the written version was closed vide order dated 14.12.2016.
The learned counsel for the complainant states that the matter is covered by a previous decision of this Commission dated 22.9.2016 in Ved Prakash Saini Vs. Unitech Ltd. He further states that in order to avoid any further litigation in the matter, the complainant is restricting her claim for compensation to simple interest @ 8% per annum but requests that if a higher compensation is awarded by the Hon''ble Supreme Court along with a direction for possession, in respect of a villa in the above referred project of the opposite party, she should be entitled to such a higher compensation.
In view of the decision of this Commission in Ved Prakash (supra), the complaint is hereby 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.
(viii) The opposite party shall pay compensation @ Rs.50/- per sq. yd. per month to the complainant with effect from 17.9.2012 till 15.1.2015 and in the form of simple interest @ 8% per annum with effect from 16.1.2015 till the date on which the possession is actually offered to her after completing the construction in all respects and obtaining the requisite occupancy certificate in terms of this order.