RAVIK ENGINEERS PVT LTD Vs. UNITECH LTD

JUDGEMENT

(1.) The complainant has filed affidavit by way of evidence as well as affidavit of admission/denial of documents. The OP has not filed any affidavit. The learned counsel for the OP submits that the matter is covered by previous decisions of this Commission in respect of this very project. Since the OP has not filed any affidavit and the matter is covered by the previous decisions of this Commission, right of the OP to file affidavit by way of evidence stands closed.

(2.) The complainant booked a residential for the use of its Director, in a project namely "Exquisite Nirvana Country-2" which the OP was to develop in Gurgaon. Vide allotment letter dated 28.09.2010, residential flat no. A2-12-1201 in the aforesaid project was allotted to the complainant for a consideration of Rs.2,44,57,498/-. The parties then entered into a sale agreement dated 01.11.2010, incorporating their respective obligations in respect of the flat booking. As per clause 4.a(i) of the said agreement, the possession was to be delivered within 36 months of its execution, meaning thereby that the possession ought to have been delivered on 01.11.2013. The possession having not been delivered, the complainant is before this Commission by way of this consumer complaint.

(3.) The OP has filed written version contesting the complaint primarily on the ground which are stated to have already been rejected by this Commission in a number of consumer complaints. The allotment made to the complainant and the payment received from it have not been disputed.