SANJAY GOYAL Vs. UNITECH LTD.

JUDGEMENT

(1.) UNITECH Limited, OP -1 launched a new project i.e. "Harmony " at "Nirvana Country " Residential Township in Sector 50, Gurgaon. It was mentioned that the project would be completed by July 31, 2009. Mr. Sanjay Goyal, the complainant booked an apartment No. 1801, 17th Floor, Tower -4, having a super area of approx. 309.27 sq.mtrs. (approx. 3329.00 sq.ft.) and terrace area of 0 sq.mtrs. Approx. in the said complex. He paid a sum of Rs. 1,44,33,148/ - under the Down Payment Plan. The complainant also paid a sum of Rs. 55,000/ - as Club Membership Registration charges, which were also included in the terms and conditions of the aforesaid Down Payment Plan. The complainant thus paid a sum of Rs. 13,43,157/ - on 06.09.2007. The agreement was executed between the complainant and the OPs as per the Down Payment Plan. The Complainant further paid a sum of Rs.1,24,45,912/ - as per clause 4 (a) (i) of the Buyers Agreement dated 06.09.2007, the O.P.s were to hand over the possession of the apartment to the complainant within 36 months of the execution of the Buyers Agreement, i.e. by 05.09.2010.

(2.) A New Development took place. The complainant was forced to accept an apartment No. 1902 on 18th Floor Tower -8 of the same complex in lieu of previous allotted apartment. The OPs undertook to give the possession of apartment No. 1902 by 5th September 2010. Present case was filed before this Commission on 21.12.2012. Till then the possession was not given to the complainant. The Complainant has made the following prayers: -

(3.) THE written version which was to be filed within 30 days + 15 days from the date of service under section 13 of the Consumer Protection Act could not be filed. The right of the OPs to file the written version was forfeited in view of Hon 'ble Apex Court authority by three judges Bench reported in the case of