NEERAJ JAIN Vs. UNITECH LIMITED

JUDGEMENT

(1.) This consumer complaint has been filed by the complainant namely M/s. Neeraj Jain and Co., against opposite parties namely M/s. Unitech Ltd. and Ors. The brief facts of the consumer complaint are that the complainant booked a flat in the project namely "Unitech Habitat" of the opposite parties. Vide allotment letter dated 25.08.2006, complainant was allotted Apartment No. 1404, Floor 13, HBTN Tower - 19, Unitech Habitat, Sector Pi - II, Greater Noida, District Gautam Budh Nagar, U.P. The possession was to be delivered by 2009. The total consideration of the flat was Rs.55,87,916/-. The complainant paid an amount of Rs.55,26,061/- till 15.10.2010. However, the possession was not delivered in time. The complainant has filed consumer complaint on 16.03.2015. It has been alleged in the complaint that when the complainant visited the site after receiving the letter for possession, he came to know that the material used in the flat was not of standard quality.

(2.) The notice was issued to the opposite party to file the written statement.The opposite party filed its written statement.The opposite party resisted the complaint on the ground that possession was offered to the complainant on 20.05.2015 and complainant was also reminded to take possession, however, the complainant did not come forward to take the possession.It is further contended by the opposite party in its written statement that opposite party is in possession of the occupancy certificate dated 29.12.2010 in respect of the tower in which the flat of the complainant exists.

(3.) Learned counsel for both the parties were directed to file their respective affidavits of evidence.Learned counsel for the complainant has filed affidavit of evidence on behalf of the complainant.However, no affidavit of evidence has been filed on behalf of the opposite party despite opportunity being granted to the opposite party.