RAJESH GUPTA & ANR. Vs. UNITECH LTD.

JUDGEMENT

(1.) The complainants herein were allotted apartment No. 601 having super area of 157.2848 sq.mtrs. on 6th Floor of Tower No. 2 in a housing project "Unitech Habitat" situated in Sector Pi-II (Alistonia Estate), Greater Noida, U.P to be developed by the opposite party. The relevant allotment letter and agreements were executed between the parties whereby the opposite party had agreed to deliver possession of the subject apartment to the complainants within 36 months from the date of agreement. i.e. by 23.9.2009. The total consideration amount agreed by the parties was Rs. 53,18,641. It is the case of the complainants that they have paid total sum of Rs. 47,79,138 to the opposite party against the agreed consideration amount. Despite that opposite party has failed to complete the construction and deliver possession of the apartment even seven years after expiry of stipulated date of delivery of possession. Claiming failure of the opposite party to deliver possession within the requisite period, the complainants have filed the above noted 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 13.9.2017.

(3.) Complainant No. 2 has filed evidence by way of affidavit supporting the allegations made in the complaint.