M/S. S.N. MOHANTY WEIGH-BRIDGE ROAD, POST BOX- 21, DISTRICT-KEONJHAR, P.O. BARBIL - 758035, ORISSA Vs. UNITECH HI

JUDGEMENT

(1.) The complainant booked a residential flat in a project, namely, Unitech Grande, which the opposite party is developing in Sector 96-98 of Noida vide application dated 9.4.2008. Vide allotment letter dated 9.4.2016, the OP allotted apartment No.1703 in Tower-1 in Block-3 of the aforesaid project to the complainant, for a total consideration of Rs.19964688.00. The sale consideration was later reduced to Rs.13443216 on account of some changes in the specifications of the apartment and payment schedule. The possession was agreed to be delivered to the complainant within 30 months from July 2009, subject of course force majure circumstances. The aforesaid period of 30 months computed from 1.7.2009 expired on 31.12.2011. The grievance of the complainant is that despite he having already paid a sum of Rs.1,30,79,389.00 to the opposite party, the possession has not been offered to him. The complainant is, therefore, before this Commission with the following prayers:-

(2.) The OP did not file its written version even within 45 days from the date on which the notice of admission of the complaint was served upon it. However, with the consent of the opposite party, the following order was passed by this Commission on 19.10.2016:-

(3.) The cost in terms of the above-refereed consent order dated 19.10.2016 having not been paid by the OP, its right to file the written version was closed vide order dated 22.11.2016, and the complainant was directed to file affidavit by way of evidence. The said affidavit has been filed. I have heard the learned counsel for the parties.