SANJAY ARORA & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants booked a residential flat with the opposite party in a project, namely, 'Anthea Floors Wildflower Country' which the opposite party was to develop in Gurgaon. Vide letter dated 2.8.2011, Flat No.D-00-0007 in the aforesaid project was allotted to the complainants for a total consideration of Rs.15551603/-. The parties then entered into a Buyers Agreement dated 14.11.2011, incorporating their respective obligations in respect of the aforesaid transaction. In terms of clause 4.a (i) of the said agreement, the possession was to be delivered to the complainant within 36 months though the OP was also entitled to a grace period of three months. The possession thus ought to have been delivered latest by 14.02.2015. The possession having not been offered to them, despite they having already paid an amount of Rs.6679795/-, the complainants have approached this Commission seeking possession of the said flat along with compensation etc.

(2.) The opposite party did not file the written version and its right to file the written version was therefore, closed vide order dated 21.10.2016.

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