ATIN GOEL Vs. UNITECH LTD

JUDGEMENT

(1.) The complainant Atin Goel booked a residential flat with the OP in a project namely 'Exquisite' in Nirvana Country-2 which the OP was to develop in Gurgaon. Flat No.0501 in Block J-1 of the above referred project was allotted to him for a consideration of Rs.1,49,35,000/-, he executed an Apartment Buyers Agreement with the OP on 05.02.2011. As per clause 4(a)(i) of the said agreement, the possession of the apartment ought to have been delivered within 36 months of its execution, meaning thereby that the possession ought to have been delivered by 05.02.2014. The grievance of the complainant is that the possession has not even been offered to him despite he having already paying Rs.1,41,12,224/- to the OP. The complainant is therefore, before this Commission seeking refund of the amount paid by him to the OP alongwith compensation etc. The OP did not file its written version within the prescribed period but filed the same with a delay of 28 days alongwith an application seeking extension of time for the said purpose. Vide order dated 09.02.2018, the delay in filing the written version was condoned subject to payment of Rs.25,000/- as cost to the complainant. The said cost however, was not paid and the learned counsel for the OP, when he appeared on 22.05.2018, expressed inability to pay the said cost. The written version therefore, was rejected.

(2.) I have heard the learned counsel for the complainant who states on instructions that the complainant is restricting his claim to the refund of the principal amount paid by him to the OP alongwith compensation in the form of simple interest @ 10% per annum in terms of clause 4.e of the agreement which reads as under:

(3.) The documents and the affidavits filed by the complainant prove the allotment made to him as well as the payment received from him by the OP. Since the possession of the allotted apartment has not been offered to him, he is entitled to refund of the amount paid by him to the OP alongwith appropriate compensation.