HANISH KUMAR DEWAN & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite party in a project, namely, 'Anthea Floors Wildflower Country' which the opposite party was to develop in Gurgaon. Flat No.0098, Block F in the aforesaid project was allotted to the complainant (Client ID No. AF 0153) for a total consideration of Rs.1,00,61,903/-. A Buyers Agreement dated 02.11.2011 was then executed between the parties. In terms of clause 4.a of the aforesaid letter, possession was to be delivered within 36 months from its execution. The possession thus ought to have been delivered by 02.11.2014. The grievance of the complainant is that despite she having already paid Rs.48,84,307/- to the OP, the possession has not even been offered to the complainant. The complainant is, therefore, before this Commission, seeking possession of the aforesaid flat with compensation or in the alternative refund of the amount paid by her to the opposite party along with interest @ 24% p.a.

(2.) The opposite party did not file the written version even within 45 days of the receipt of the notice. The right of the opposite party to file its written version, therefore, was closed vide order dated 18.04.2017, the complainant was directed to file affidavit by way of evidence.

(3.) I have perused the affidavit of the complainant by way of evidence and have heard the learned counsel for the complainant.