ROHINI GAMBHIR & ANR. Vs. UNITECH LIMITED

JUDGEMENT

(1.) The opposite party developer was allotted a parcel of land on lease hold basis for 90 years by Greater Noida Industrial Development Authority for developing a Group Housing Complex, namely, Unitech Horizon. The complainants were allotted apartment no.1801 on 17th floor in Tower 20 of the aforesaid project vide allotment letter dated 08.05.2006. The total consideration agreed between the parties was Rs.47,61,583/- and pursuant to the agreement, they have paid 47,69,646/- to the opposite party. As per the allotment letter, the possession of the apartment was to be delivered by 15.10.2008. The complainants duly paid all the instalments towards the subject apartment but the opposite party failed to deliver possession within the stipulated period. On 10.06.2013, opposite party sent letter to the complainants informing that apartment was ready for delivery of possession, however, the unit was not complete. The opposite party sent another letter informing the complainants that the area of the unit was increased from 1705 sq. ft. to 1767 sq. ft. and claiming additional consideration of Rs.1,67,803/-. The complainants paid the remaining consideration and maintenance charges in terms of letter dated 10.06.2013. The opposite party issued a possession letter on 03.05.2014 informing the complainants to take possession of the apartment within the subsequent 21 days. Despite the issuance of possession letter, the physical possession was not given to the complainants. On 19.02.2017 the complainant visited the project and found that unit was not complete and it was in unliveable condition. Feeling aggrieved, the complainants filed a 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 27.10.2017.

(3.) Complainant no.1 has filed her affidavit supporting the allegations made in the complaint.