S.G. RAJGHARIA Vs. UNITECH LTD.

JUDGEMENT

(1.) S.G.Rajgharia, the complainant herein booked apartment no. 603 on 06th Floor at Tower-6 in the housing project 'Unitech Habitat' proposed to be developed by the opposite party on plot No. 9, Sector Pi II, Greater Noida, Uttar Pradesh. As per the terms of allotment, the opposite party was supposed to deliver possession of the subject apartment within 36 months from the date of issue of allotment letter. The consideration amount was Rs.72,21,202/- to be paid in instalments. It is the case of the complainants that pursuant to the agreement, they have paid a sum of Rs.65,36,379/- to the opposite party but the opposite party has failed to complete the construction even years after the expiry of stipulated date of delivery of possession. The complainant being aggrieved have filed the consumer complaint seeking following prayer:

(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. No request for condonation of delay or extension of time for filing written statement was made. Therefore, right of the opposite party to file written statement was closed vide proceedings dated 31.07.2017.

(3.) Complainant has filed evidence by way of affidavit supporting the allegations made in the complaint.