AKSHAY CHHABRA Vs. M/S. UNITECH LIMITED

JUDGEMENT

(1.) Akshay Chhabra, the complainant herein had booked apartment no.1701 having super area 1705 sq.ft. on the 16th floor of Tower No.23 of Group Housing Development Project "Unitech Horizon" situated at Plot No.6, Sector PI-2, Alistonia Estate, Greater Noida undertaken by the opposite party developer. As per the allotment agreement, the complainants were required to pay Rs.43,77,893/- as total consideration for the apartment. The opposite party was to deliver possession of the apartment by 15.11.2008. It is the case of the complainant he had paid Rs.43,39,051/- against the consideration amount which amounts to almost 100% of the consideration amount but the opposite party has failed to adhere to the timeline for delivery and failed to deliver possession even more than eight years after the stipulated date. Being aggrieved, the complainant has filed consumer complaint seeking refund of Rs.43,39,051/- paid against the consideration amount to the opposite party with 18% interest p.a. besides compensation and cost for litigation.

(2.) Opposite party despite service of notice of the complaint has failed to file written statement within the limitation provided under section 13(2) of the Consumer Protection Act, 1986. On 20.04.2017, Authorised Representative of the opposite party appeared in the proceedings but no request for condonation of delay in filing written statement or extension of time was made. Accordingly, right of opposite party to file written statement was closed.

(3.) We have heard learned Shri Jalaj Aggarwal, Advocate for the complainant and Ms. Shrutimala Das, Auth. Representative of the opposite party and perused the record.