LAWS(NCD)-2018-1-169

SWETLANA Vs. UNITECH LTD

Decided On January 11, 2018
Swetlana Appellant
V/S
UNITECH LTD Respondents

JUDGEMENT

(1.) The complainant namely Swetlana booked a residential flat with the opposite party in a project, namely, 'Unitech South Park' which the opposite party was to develop in Sector-70 of Gurgaon. A residential unit bearing No.0601, 6th Floor, Block D-1, Unitech South Park, Sector-70, Gurgaon, Haryana was allotted to the complainant (Client ID No. USP-0564) for a consideration of Rs.1,16,78,080/-. The possession as per the Buyers Agreement dated 17.01.2013, was agreed to be delivered to the complainant within 36 months thereof, meaning thereby that the possession of the flat ought to have been delivered by 17.01.2016. The grievance of the complainant is that the possession of the flat has not even been offered to her despite she having already paid a sum of Rs.54,50,199/- to the OP.

(2.) The opposite party did not file its written version despite service and therefore, the right of the opposite party to file its written version was closed vide order dated 12.12.2017.

(3.) I have heard the learned counsel for the parties and have considered the affidavit by way of evidence filed by the complainant.