POONAM SANWAL Vs. UNITECH LIMITED

JUDGEMENT

(1.) The complainant booked an Apartment with the opposite party in a project namely "Capella" in the Uniworld City, which the opposite party was to develop in Greater Noida. Vide letter dated 09.6.2007, Apartment No. 2203 in Tower 18 of the aforesaid project was allotted to the complainant, on the terms and conditions annexed to the allotment letter, for a total consideration of Rs.57,85,989/-. As per Clause 4(a) of the terms and conditions of allotment, the possession of the apartment was to be delivered to the complainant within forty months thereof, meaning thereby that the possession ought to have been delivered by 09.10.2010. Clause 4(e) of the terms and conditions of allotment provided that if for any reason the developer was not in a position to offer the apartment it shall offer an alternative property or refund the amount in full with simple interest @ 10% per annum without any further liability to pay the damages or any compensation on this account. The grievance of the complainant is that the possession of the apartment has not been offered to her, despite she having already paid a sum of Rs.55,82,253/- to the opposite party. The complainant is therefore, before this Commission by way of this consumer complaint, seeking refund of the aforesaid amount along with compensation etc.

(2.) The opposite party has filed its written version contesting the complaint and admitting the allotment made to the complainant. It was also alleged in the written version filed by the opposite party that the construction has been delayed on account of the several reasons beyond the control of the opposite party. However, no affidavit by way of evidence has been filed by the opposite party, despite the order of this Commission dated 18.4.2017, directing it to file the said affidavit in the course of the day.

(3.) The learned counsel for the complainant states that the grounds on which the complaint is being resisted have already been rejected by this Commission vide its order dated 26.11.2015 in CC/267/2014, Yogesh Sharma Vs. M/s. Unitech Limited. The decision of this Commission in Yogesh Sharma , to the extent it is relevant reads as under: