SAURABH SRIVASTAVA Vs. UNITECH HI-TECH DEVELOPERS LIMITED

JUDGEMENT

(1.) Late Smt. Lekha Srivastava booked a residential flat with the opposite party in a project namely 'Unitech Grande' now stated to be known as Unitech Amber, which the opposite party was to develop in Sector 96, 97 and 98 of Noida. Vide allotment letter dated 22.9.2007, Apartment No. 1602, in Tower-02, Block No.3 of the above referred project was allotted to her on the terms and conditions annexed to the said allotment letter. The sale consideration for the apartment was agreed at Rs.2,64,03,512/-. Later the sale consideration was reduced to Rs.1,77,28,826/-. As per the original terms and conditions of the allotment, the possession was to be delivered to the allottee by 30.11.2010 but when the consideration was reduced, the committee date for delivery of possession was also changed and the possession promised to be delivered within thirty months from 01.7.2009, meaning thereby that it was to be delivered by 01.1.2012.

(2.) Later on, the name of the complainant Saurabh Srivastava was added as a co-allottee vide letter dated 03.5.2008 available on page 82 of the paper-book. As a result, the complainant became a co-allottee with Mrs. Lekha Srivastava. Thereafter, the name of Smt. Lekha Srivastava was deleted vide letter dated 24.4.2010, as a result of which the complainant became the sole allottee of the aforesaid apartment. The grievance of the complainant is that the possession of the apartment has not even been offered, despite he having already paid a sum of Rs.1,74,50,537/- to the opposite party. The complainant is therefore, before this Commission seeking refund of the aforesaid amount along with compensation etc.

(3.) The opposite party did not file its written version despite service and its right to file the said written version was closed vide order dated 25.8.2017