SANJAY KUMAR VIJ Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant booked a residential flat with the OP in a project namely "Vistas" which the OP is developing in Sector-70 of Gurgaon. A residential flat bearing Unit No.702 in Block-B, Tower-2 on the seventh Floor of the above referred project was allotted to the complainant on 10.02.2010. The parties then entered into an agreement dated 26.04.2010 in respect of the aforesaid flat. As per clause 4.a of the aforesaid agreement, the possession was to be delivered within 36 months from the execution of the said agreement. Thus, the possession ought to have been delivered to the complainant on or before 26.04.2013. The possession having not been delivered, the complainant is before this Commission seeking possession of the flat allotted to him alongwith compensation etc.

(2.) The OP did not file its written version even within 45 days from the receipt of the notice and therefore, its right to file its written version was closed vide order dated 16.12.2016. I have heard the learned counsel for the complainant and have considered the affidavit filed by the complainant by way of evidence.

(3.) The learned counsel for the complainant states that in order to avoid any further litigation in the matter, the complainant is restricting her claim to the reliefs granted by this Commission vide order dated 19.07.2017 in Consumer Complaint No. 1191 of 2015, Vishal Mehta & Ors. Vs. M/s Unitech Ltd., in a Consumer Complaint u/s 12(1)(c) of the Consumer Protection Act. The complaint is therefore, disposed of with the following directions: