NAVNEET CHABRA Vs. UNITED LIMITED AND ORS

JUDGEMENT

(1.) Counsel for the complainant is present. Counsel for the opposite party appears for the first time but her Vakalatnama is not on the file. She is appearing on instructions. As desired by her, her presence is hereby recorded.

(2.) Counsel for the complainant has filed the evidence. The case of the complainant is that Mr. Navneet Chabra booked a residential apartment in the project floated by Unitech Ltd. On 13-06-2006, a flat was allotted by the opposite party in favour of Mr. Navneet Chabra in Block HBTN, Tower 10, Flat No.203, Floor No.2 measuring 194.91 sq.mtr. i.e. 2098 sq. ft. approximately consisting of three bed rooms, etc., situated in Greater Noida. An agreement between the parties was executed on 07-11-2006. It was clearly, specifically and unequivocally agreed between the parties that the flat was to be handed over to the complainant within 36 months from the date of signing of the aforesaid agreement as per clause 4(a)(i) of the allotment letter/flat buyer agreement.

(3.) The grievance of the complainant is that though six years have elapsed yet the flat is not ready. The complainant has paid a sum of Rs.65,36,379/- in a time linked plan. The opposite party had assured that the flats would be handed over from third quarter of 2009.The complainant has already made payment of 95% amount towards flat. Consequently, the present complaint was filed in this Commission with the following prayer: