VIKRAM SINGH GROVER Vs. UNITECH LIMITED

JUDGEMENT

(1.) Mrs. Shalini Kapur and Mr. Manish Verma booked a residential plot with the OP in project namely 'Uniworld City' which the OP was to develop in Sector-97, 106 And 107 of Mohali. Plot No. 0007 in Block-D was allotted to them for a consideration of Rs.71,58,060/-. The aforesaid plot was later purchased by the complainant from the original allottees and the transfer was approved vide letter dated 09.12.2011 issued by the OP to the complainant. The possession of the plot, in terms of clause 4.a.(i) of the Buyers Agreement dated 28.03.2008 was to be delivered within 36 months thereof meaning thereby that the possession ought to have been delivered by 28.03.2011. The grievance of the complainant is that the possession of the flat has not been offered to him despite he having already paid a sum of Rs.69,04,110/- to the OP in addition to transfer charges amounting to Rs.1,10,812/-. The complainant is therefore, before this Commission seeking refund of the amount paid by him alongwith compensation in the form of interest.

(2.) The OP did not file written version despite service. The right of the OP to file the written version therefore, was closed vide order dated 17.07.2017. I have heard the learned counsel for the complainant and have gone through the affidavit by way of evidence filed by the complainant.

(3.) The affidavit filed by the complainant alongwith documents filed by him clearly show that the OP had initially allotted a plot of land to Mrs. Shalini Kapur and Mr. Manish Verma for a consideration of Rs.71,58,060/- and had committed to deliver its possession to them within three years from the date on which the Buyers Agreement was executed. Since the Buyers Agreement was executed on 28.03.2008, the possession ought to have been delivered by 28.03.2011. The possession was not even offered within three years of the transfer of the plot in favour of the complainant was approved vide letter dated 09.12.2011. Vide letter dated 01.08.2015, alleged to have been sent to the complainant vide e-mail dated 07.11.2016, the OP informed the complainant that development activities were in full swing and significant progress had been made with respect to water supply, connectivity of sewer and storm water pipeline, electricity supply, development of horticulture/park etc. The learned counsel for the complainant maintains that the aforesaid letter dated 01.08.2015 was never received by the complainant prior to 07.11.2016 when the said letter was annexed to an e-mail dated 07.11.2016. This is also the case of the complainant that even today, the project is not complete and no completion certificate has been obtained by the OP. In any case, the possession having been considerably delayed, the complainant is no more interested in taking possession of the said plot and wants only refund of the amount paid by him alongwith compensation in the form of interest.