LAWS(NCD)-2018-1-23

MONICA GOEL Vs. M/S. UNITECH LIMITED

Decided On January 19, 2018
Monica Goel Appellant
V/S
M/S. Unitech Limited Respondents

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite party in a project namely 'South City II', which the opposite party was to develop in Sector-50 of Gurgaon. A ground floor flat on Plot No. G113 in the aforesaid project was allotted to the complainant for a total consideration of Rs.72,00,000/-. The possession of the floor, as per Clause 4.a. of the Buyers Agreement dated 15.4.2010, was to be delivered within 24 months thereof, meaning thereby that the said possession ought to have been delivered by 15.4.2012. The case of the complainant is that the possession of the floor has not been delivered to her despite she having already paid Rs.69,88,652/-. Being aggrieved, the complainant is before this Commission seeking refund of the aforesaid amount along with compensation, etc.

(2.) 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 26.4.2017. I have heard the learned counsel for the parties and have considered the affidavit filed by way of evidence.

(3.) The learned counsel for the complainant states that the matter is squarely covered by several decisions of this Commission including its decision dated 26.09.2016 in Consumer Complaint No.56 of 2015 - Kamlesh Chichra Vs. M/s. Unitech Ltd. and the several other decisions thereafter, including Consumer Complaint No.1184 of 2015 - Bharti Kakkar Vs. M/s. Unitech Ltd. And Anr., decided on 04.1.2017.