NILESH TANDON Vs. M/S. UNITECH LTD.

JUDGEMENT

(1.) The learned counsel for the OP informs on instructions that the OP has not as yet received the requisite occupancy certificate in respect of the flat allotted to the complainant, though the possession of the flat has already been delivered to him during the pendency of this complaint on 25. 02. 2016. Since the complainant admittedly, is using the flat, he, in my view, is not entitled to compensation after 07. 0 2016 when the possession was offered to her.

(2.) The complaint has been resisted by the opposite party taking plea which this Commission has already rejected in a number of consumer complaints including Satish Kumar Pandey & Ant. Vs. Unitech Ltd. & Connected matters Consumer Complaint No. 427 of 2014 decided on 8. 6. 2015 and Sumeet Singh Vs. M/s Unitech Ltd. & Anr. Consumer Complaint No. 13 of 2015 and connected matters decided on 18. 1. 2016. The said grounds were also rejected by this Commission in Vineet Jain & Anr. Vs. M/s Unitech Ltd. & Anr. in Consumer Complaint No. 135 of 2014 decided on 24. 5. 2016. This order of this Commission in Sumeet Singh to the extent it is relevant reads as under:-

(3.) During pendency of this complaint, the opposite party sent a letter No. 150/16 dated 7. 1. 2016 to the complainant offering possession of the flat allotted to her. Pursuant to the aforesaid letter, the possession of the flat was actually taken by the complainant on 25. 2. 2016. A copy of the possession certificate has been submitted by the learned counsel for the complainant today in the court which has been taken on record.