MANOJ KUMAR YADAV & ANR Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainants on 09.12.2012 jointly booked apartment no. 802, 8th Floor in Block D-I of the development project 'South Park', Sector 70, Gurgaon undertaken by the opposite party on payment of Rs.10,48,423/-. The complainants were issued allotment letter on 10.12.2012. As per the allotment letter, total consideration amount was Rs.1,21,24,631/- and the opposite party had agreed to deliver possession of the allotted apartment within 36 months. The consideration amount was agreed to be paid in instalments. The first three instalments were time bound and the balance instalments were construction linked.

(2.) It is the case of the complainants that as per the agreement, they paid sum of Rs.40,83,478/- against the consideration amount but the opposite party did not even commence the construction of the project. The complainants visited the office of the opposite party on several occasions and met their representatives / officials but in vain. The complainants visited the site of the project in May 2016 and found that the construction has not yet commenced. Claiming failure of the opposite party to commence construction and deliver possession of subject apartment within the stipulated time, the complainant has raised the consumer dispute seeking following reliefs:

(3.) The opposite party despite of service of notice of complaint issued under section 13 (2) of the Consumer Protection Act, 1986 failed to file written statement within the stipulated period of limitation including 15 days extendable period. The right of the opposite party to file written statement, therefore, was closed vide order dated 03.10.2017 in view of the judgment of the Hon'ble Supreme Court in Civil Appeal Nos. 10941-10942 of 2013 New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. decided on 04.12.2015.