AMIT VIG Vs. UNITECH LIMITED

JUDGEMENT

(1.) The brief facts relevant for the disposal of the present consumer complaint are that the opposite party had floated a project namely 'UNITECH HABITAT' located at Plot no. 9, Sector Pi II (Alistonia Estate), Greater Noida, District Gautam Budh Nagar, Uttar Pradesh. The complainants filled the application form on 13.06.2006 with the opposite party and paid a sum of Rs.6,50,000/- by way of cheque on 13.06.2006. The opposite party issued the receipt for the said amount on 16.06.2006 to the complainant. Thereafter the complainant issued further cheques on various dates on 24.01.2007, 25.06.2007, 15.10.2007, 04.12.2007, 04.02.2008, 03.03.2008, 02.06.2008, 01.09.2008, 01.12.2008 and 02.03.2009 to the opposite party and the opposite party issued receipts on 05.12.2007, 11.02.2008, 04.03.2008, 03.06.2008, 01.09.2008, 01.12.2008 and 02.03.2009 for the said amounts to the complainant. Vide allotment letter dated 07.11.2006, the opposite party allotted the apartment no. 1001, 10th Floor, HBTN Tower 4th in Unitech Habitat, Plot No. 9, Sector Pi II, Greater Noida, Gautam Budh Nagar, Uttar Pradesh to the complainant. It was also stated by the opposite parties that the possession of the flat would be handed over to the complainant within 36 months. The complainant paid the entire amount of Rs.65,52,333/- as demanded by the opposite party towards the said flat.

(2.) The opposite party has failed to meet the commitment and failed to provide the service, hence, a legal notice dated 28.03.2017 was duly sent to the opposite party but of no consequence. Finding no other way out, the complainant filed the present consumer complaint. In the complaint the complainant has prayed for refund of Rs.65,52,333/- along with interest @ 18% per annum from the date of institution of the present complaint till realisation of the said amount.

(3.) The opposite party was duly served of the complaint. However, despite service of notice upon them, no written statement was filed. The complainant led evidence by filing affidavit evidence.