ABHINAV ASHWIN Vs. LOGIX INFRASYRUCTURE PRIVATE LTD.

JUDGEMENT

(1.) The brief facts of the case are that Noida Authority had allotted a land to the Opposite Party for Housing Project through letter dated 29.01.2010 in plot no GH-02, Sector 137, Expressway Noida, Gautam Budh Nagar, Uttar Pradesh. The complainants applied for allotment of an apartment in Blossom County of the said project and paid a sum of Rs.8,00,000/- by cheque dated 27.09.2012 towards the registration amount for provisional allotment of the apartment. On 26.10.2012, vide allotment letter, a unit no. N-1902 on 18th floor in Block 'N' was provisionally allotted to the complainants. A Flat Buyer Agreement was executed on 17.10.2012 and the stipulated period for completion of the construction was 24 months including six months grace period from the date of execution of Builder Buyer Agreement. The complainants, thereafter paid a sum of Rs.6,71,000/- on 16.11.2012 and Rs.76,61,807/- on 30.11.2012. Vide communication dated 30.04.2013, the opposite party informed the complainants that possession of Tower-N will tentatively be given by August-September 2014 onwards. Despite writing several letters by the complainant, the possession was not handed over to it and finally, the complainants filed the complaint with the prayer that the opposite party be directed to hand over possession of the subject flat alongwith interest @ 18% p.a. on the amount deposited by it and also Rs.3,47,000/- towards rental damages. The complainants also made other prayers.

(2.) Notice of this complaint was issued to the opposite party.

(3.) Vide order dated 22.02.2017, this Commission closed the right of the opposite party to file written statement.