MADHU GARG Vs. UNITEC LTD

JUDGEMENT

(1.) One Mr. Aditya Umang Vir booked a residential villa in a project namely Alder Grove in Unitech Nirvana Country-II which the opposite party was to develop in Sector 71 and 72 of Gurgaon and Villa No. 0007 Tower AG was allotted to him. He executed a Buyers Agreement with the opposite party on 16.9.2010 and the possession was to be delivered within two years thereof. The consideration for the aforesaid villa was fixed Rs.3,75,90,000/-. The rights of the aforesaid allottee were purchased by the complainant Madhu Garg on 16.1.2013. The grievance of the complainant is that despite a sum of Rs.3,94,41,125/- having already paid to the opposite party, the possession of the villa has not been offered to her. The complainant is therefore before this Commission, seeking possession of the aforesaid villa along with compensation etc.

(2.) No written version has been filed by the opposite party despite service upon it and the right of the opposite party to file the written version was closed vide order dated 14.12.2016.

(3.) The learned counsel for the complainant states that the matter is covered by a previous decision of this Commission dated 22.9.2016 in Ved Prakash Saini Vs. Unitech Ltd. He further states that in order to avoid any further litigation in the matter, the complainant is restricting her claim for compensation to simple interest @ 8% per annum but requests that if a higher compensation is awarded by the Hon'ble Supreme Court along with a direction for possession, in respect of a villa in the above referred project of the opposite party, she should be entitled to such a higher compensation.