STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,

CHANDIGARH.

(Exercising the powers of Judicial Magistrate Ist Class conferred

under Section 27(2) of the Consumer Protection Act, 1986).

Execution Application No.37 of 2016

In

Consumer Complaint No.24 of 2015

Date of Institution: 12.07.2016.

Date of Decision : 14.06.2017.

Avinash S/o Gopal Sharan Sinha, H.No.3588, Sector 69, Mohali, Punjab,

Pin-160062.

……Applicant/DH/Complainant.

Versus

1. Unitech Limited, Registered office at 6, Community Centre, Saket,

New

Delhi

110017 through

its

Managing

Director/Director/Authorized Signatory.

2. Unitech Limited, Real Estate Division (Marketing),5^th Floor, Tower

“A”, Signature Towers, South City, NH-8, Gurgaon -122001

through its Managing Director/Director/Authorized Signatory.

3. Unitech Limited, SCO 189-90-91, Sector 17-C, Chandigarh

through its Managing Director/Director/Authorized Signatory.

4. Unitech Limited, Uniworld City, Site Office at Sector 107, Mohali.

……Respondents/JDs/Opposite parties.

Execution Application under Section 27 of

the Consumer Protection Act, 1986.

Quorum:-

Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President

Mr. Harcharan Singh Guram, Member

Present:-

For the applicant-DH

: None

For respondents/JDs

: Ms. Vertika H.Singh, Advocate

JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT

This Execution Application has been filed by the applicant-

complainant, under Section 27 of the Consumer Protection Act, 1986 (in

short, the Act”), against the respondents-JDs for non-compliance of the

order dated 05.05.2016 passed by this Commission in the above

mentioned Consumer Complaint.

2.

Briefly stated, in the month of September-October 2008, he

contacted the respondents-JDs for purchasing a plot. The OPs told that

E.A. No. 37 of 2016

In

C.C. No. 24 of 2015

their Project already stands cleared from the concerned Departments and

the work for providing the basic amenities was in full swing. After getting full

assurance from them, he decided to purchase the plot. He was also

informed that there were some sellers in the market, who were selling their

plots and if he was interested in some particular plot, he could purchase the

same from those sellers. Accordingly, he purchased plot No.0065 in Block

B, measuring 300 sq. Mtrs. In the Mega Township known as “Uniworld

City”, Mohali from one Savita Malik and Ramesh Mali, who were the

original allottees. Thereafter, he intimated the opposite parties and

completed the formalities for transfer of plot in his favour. Buyer’s

Agreement dated 25.06.2008, in favour of those persons, was transferred /

endorsed in his favour, vide letter dated 20.10.2008. The price of the plot

was fixed at Rs.51,12,900/-. The complainant paid Rs.25,56,450/- to the

previous owners and balance amount was paid by him to the opposite

parties. As per Article 4(a) of the Buyer’s Agreement dated 25.06.2008, the

possession of the plot was to be delivered within 36 months from the date

of that Agreement. The complainant/DH had paid a total amount of

Rs.49,61,144/- against the sale price of the said plot. However, the

possession of the plot was not delivered to him by the respondents/JDs

even upto the date of filing of the complaint. When he enquired for the

reasons for the non-delivery thereof, he came to know that the land, where

the plot was allotted to him, was neither acquired by the respondents-JDs

at the time of booking nor any such land had been acquired till the date of

filing of the complaint. In fact, they were not in a position to give physical

possession of the plot to him. The possession of the said plot was not

delivered by the respondent/JD, despite repeated requests by the

E.A. No. 37 of 2016

In

C.C. No. 24 of 2015

applicant-complainant, which compelled the decree

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