MANISH DARYANI APT Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant booked a residential apartment with the opposite party in a project namely 'Unitech South Park', which the opposite party is developing in Sector 70 of Gurgaon. Apartment No.0604 on the 6th floor in Block A-5 of the aforesaid project was allotted to the complainant for a consideration of Rs.9181720/-. The parties entered into a Buyer's Agreement dated 31.3.2011 incorporating their respective obligations. As per clause 4(a)(i) of the said agreement, the possession was to be delivered within 36 months from the execution of the said agreement. The possession thus ought to have been delivered by 31.3.2014. The grievance of the complainant is that the OP has not even constructed the apartments despite he having already paid Rs.29,57,049/- to the builder. The complainant is, therefore, before this Commission seeking refund of the amount paid by him along with compensation.

(2.) The OP did not file its written version and its right to file the written version was closed vide order dated 30.11.2017. The complainant has filed affidavit by way of evidence in support of his case. I have heard the learned counsel for the parties.

(3.) The affidavit by way of evidence and the documents filed by the complainant clearly show that the allotment made to him as well as the contractual obligation of the opposite party to deliver possession of the apartment on or before the date stipulated in the Buyers Agreement. Since the apartment has not even been constructed, the complainant is entitled to refund of the amount paid by him along with compensation.